Pre-Employment Drug Testing Laws in Illinois

Applying for a job in Illinois, one must face the pre-employment drug test before getting hired. The province of Illinois supports the federal government’s drug-free workplace program, which contributes incentives and encourages the employers who voluntarily apply for and maintain such programs.

Illinois drug and alcohol testing procedures are also governed by the Illinois Human Rights Act and other anti-discrimination rules for disabled people. Employers continue to exercise the legal right to enforce zero-tolerance policies and maintain a drug-free and work environment.

The general rule states that employers can deny employment to new applicants or terminate employees from the firm who have tested positive for marijuana. There are six states where employers cannot take adverse employment litigation against any new applicant or employee with medical marijuana card-based wholly on a positive marijuana drug test result. The six states are Arizona, Arkansas, Delaware, Illinois, Minnesota, and Rhode Island.

Illinois employers can still perform a drug test but not ground employees under the terms of marijuana consumption.

Pre-employment screenings are widely done by three methods:

1. Urinalysis: A urine drug test is a vastly conducted form of pre-employment drug testing and is typically conducted when a conditional offer of employment has been sent to the employees after getting recruited. A urine drug test can show traces of drug use even after the effects have worn off, but they remain for an extended period in the system.
2. Hair Drug Testing: A hair follicle drug test is the most commonly used practice drug test because the test results furnish a longer detection window for drug use spanning up to 90 days from consumption. A strand of hair cut close to the scalp is collected from the employee from an unnoticeable area to perform the test.
3. Mouth Swab Drug Test/Oral Saliva Drug Test: Mouth Swab Drug Test method is 100% free from cheating and dilution. This is considered a cost-efficient method of drug testing. An oral fluid test publishes a report on drug use during the first four hours after drug use. The detection window of oral fluid can be noticed for 1 to 3 days. The employee will be required to provide an oral fluid sample through a swab by scraping the inside region of their mouth.

Everything you need to know about Illinois drug testing laws in 2021.