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Drug Testing in New Jersey

Can your employer legally make you submit to random drug tests?

Unfortunately, New Jersey has no statute that protects employees from random drug or alcohol testing at work. 

The New Jersey Supreme Court has suggested, however, that random testing may be an invasion of employees’ privacy rights so significant that it violates public policy.  See Hennessey v. Coastal Eagle Point Oil Co., 129 N.J. 81 (1992).  But at the same time (and in a number of opinions since), the Court held that where a job is hazardous or safety is otherwise a legitimate concern of an employer, random testing will be allowed. 

It appears only safe to say that the extent to which your employer may subject you to random testing is a fact-sensitive inquiry the outcome of which may be different for a school bus driver than it is for a software developer.

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