If your employer or prospective employer in Wisconsin 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, state and local laws determine whether an employer may test employees and applicants for drugs.
Although many states have passed laws regulating or restricting an employer’s right to require drug testing, Wisconsin is not one of them. Although Wisconsin requires state contractors on certain public works projects to drug test, no Wisconsin statute addresses drug testing in private employment. Workplace drug testing is neither required nore prohibited.
Because Wisconsin 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: