As of that date, additional limitations apply to drug testing of job applicants, when the test yields a positive result for only THC (the active ingredient in marijuana).Īn employer may only use such a positive result as the basis for a refusal to hire, if one of the following applies: (1) hiring the employee would violate a federal contract or jeopardize federal funding or (2) the employer had given a conditional job offer, and had established a written policy that stipulated that a positive THC result may result in loss of the offer. In addition, beginning on July 1, 2022, parts of Connecticut's recreational marijuana law take effect. They cannot be tested unless the requirement of reasonable suspicion is met, or unless they are covered by another law that requires testing. Note that individuals who were previously employed by the employer and who are applying for re-employment within twelve months of their termination are treated like current employees for purposes of drug testing, rather than as prospective employees. It is a good idea to have the applicant sign a consent form for the drug testing which also authorizes the laboratory to release the results to the employer. Drug test results should be treated the same as employee medical records, kept separately from personnel records. The statute further provides that the results of any such test must be kept confidential and not disclosed by the employer or its employees to any person other than any such employee to whom such disclosure is necessary. The applicant is given a copy of any positive drug test result.
The applicant is informed in writing at the time of application of the employer’s intent to conduct such a drug test.Under Connecticut law, no employer may require a prospective employee to submit to a urinalysis drug test as part of the application procedure unless the following conditions are met:
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