[Wolfie]

The drug testing is for ILLEGAL drugs.

As I said in #54, drug testing doesn't have anything to do with illegality. This is as designed, to avoid 4th amendment implications. That's why some employers can refrain from hiring smokers, and test their employees for nicotine to see that they stay clean.

[CSM]

I hadn't gotten to your post yet, but you are right. They can test for it and in my mind they have a right to. If I am an employer, I would prefer to be able to chose what people to hire and I would prefer to have any criteria open to me (including race, sex, religeon, etc.). Now, with that said, I would not apply for a job with a no-tobacco use policy.

If I were really an employer, I would only hire smokers and I doubt I would administer drug tests........

[green iguana]

That's why some employers can refrain from hiring smokers

I'm surprised that this hasn't been challenged on the basis of racial discrimination (disparate impact) since blacks are statistically much more likely to smoke.