Workplace Drug Testing Laws in Texas

Texas statutes don't prohibit or restrict drug testing in employment.

By , J.D., UC Berkeley School of Law

Has your employer or prospective employer in Texas 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 determine whether an employer may test employees and applicants for drugs.

Are There Workplace Drug Testing Laws in Texas?

Although many states have passed laws regulating or restricting an employer's right to require drug testing, Texas has not.

Texas legislation does not address drug testing in private employment. This means that employers are free to require or ask employees and applicants to take a drug test, as long as they don't run afoul of other legal protections.

What Happens If You Fail a Workplace Drug Test in Texas?

If your employer chooses to drug test, it should have a procedure in place regarding how it handles positive tests. Not all positive drug tests lead to termination. Your employer might instead refer individuals who test positive to a drug treatment program, and require a negative test before you can resume working.

Your employer's drug testing policy should be included in its employee handbook. If not, ask your company's human resources (HR) department for a copy.

While many employers are taking increasingly progressive approaches to positive drug tests—especially while the labor market is tight—others still choose to immediately terminate anyone who tests positive. That is generally the employer's right, as long as it conducted the test legally (see below).

Drug Testing: Legal Claims Against Your Texas Employer

Because Texas doesn't restrict or prohibit workplace drug testing, employees who believe their test was illegal will have to rely on other legal theories. For example, an employer may run into legal trouble based on who is tested or how the test is conducted.

Here are some examples:

  • Disability discrimination. The Americans with Disabilities Act (ACA) protects an applicant or employee who is taking medication for a disability. Some prescribed medications can result in a positive result on a drug test, and some drugs that would otherwise be illegal (such as opiates) are legitimately prescribed for certain conditions. If an applicant is turned down because of a positive drug test, and the applicant's medication was legally prescribed for a disability, the company could be liable.
  • Other discrimination claims. An employer who singles out certain groups of employees – for example, by race, age, or gender– for drug testing could face a discrimination claim.
  • Invasion of privacy. Even an employer that has a legitimate reason to test might violate employee privacy in the way it conducts the test. For example, requiring employees to disrobe or provide a urine sample in front of others could be a privacy violation, depending on the circumstances.
  • Defamation. An employee might have a valid claim for defamation if the employer publicizes a false positive result, if the employer acts in bad faith and knew (or should have known) that the result was incorrect.

Contact a Texas Employment Attorney

If you've been fired after a positive drug test in Texas, you might have a legal claim against your employer for discrimination, invasion of privacy, or another cause of action.

Contact an employment attorney right away to discuss your legal options. You can find one using our lawyer directory.

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