If an employer or a prospective employer in Mississippi has asked you to take a drug test, you’ll want to know your legal rights. 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, this area is regulated by state and local laws.
Mississippi allows employers to require applicants and employees to take drug tests in certain circumstances, as long as the employer follows required rules and procedures
Employers may require applicants to take a drug test as part of the employment application process. Applicants must be notified in writing if testing will be required. An employer may refuse to hire an applicant who tests positive or won’t take a drug test.
Mississippi employers are not required to drug test employees. Drug testing may be required:
Drug testing may also be required on a neutral selection basis.
An employer may not discharge or take any adverse action against an employee on the basis of an initial positive test result that has not been verified by a confirmation test. The employer must inform the employee, in writing, within five days after receiving a positive confirmed test result. The employee has the right to request and receive a copy of the test result report. After receiving notice, the employee has ten working days to explain the positive test result.
Employers must give employees notice 30 days before implementing a testing program.
Even though Mississippi law allows employers to drug test in some circumstances, employees and applicants may have legal claims based on how the test was conducted, who was tested, or how the results were used. Here are some examples: