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Drug Testing and The Law

    One of the first questions that arises in debates over drug testing is a relatively simple one: Is it legal? Can employers force employees to give a urine sample, a hair sample, or some other material from their bodies to be tested for illegal drugs?

In general, there are two answers to that question. On the one hand, laws have been passed and regulations issued at both the federal and state levels permitting such programs. In many cases, those laws place limitations on drug testing in the workplace. They provide a set of regulations that must be observed in such programs. On the other hand, courts have ruled on cases brought before them by both employers and employees attempting to determine the legality of these practices.

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