Has your Indiana employer or prospective employer asked you to take a drug test? Federal law places few limits on employer drug testing: Although the federal government requires testing by employers in a few safety-sensitive industries (including transportation, aviation, and contractors with NASA and the Department of Defense), federal law doesn't otherwise require – or prohibit drug tests. For the most part, state and local laws dictate whether an employer may test employees for drugs.
Although many states have statutes that lay out the circumstances when an employer may and may not require drug testing, Indiana isn't one of them.
In Indiana, the law doesn't encourage or prohibit testing. However, the state's discrimination law explicitly states that it is legal for employers to require drug tests of employees who have been or are in a drug rehabilitation program.
Indiana is one of the few remaining states that hasn't legalized marijuana for medical or recreational purposes. That means employers in Indiana can drug test for marijuana, and fire, discipline, or take other adverse action against employees who test positive for the drug.
Even though Indiana law doesn't expressly prohibit drug testing, an employer may run into legal trouble based on the way it conducts the test or who it decides to test. Here are some examples: