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As companies nationwide have felt the impact of drugs in the workplace, an increasing number are battling the problem through drug-free workplace policies, employee education, drug testing, employee assistance programs and even undercover drug ....

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... Solis-Cohen. A rash of lawsuits in the 1980s challenged the right of employers to conduct drug tests, but by now that issue has been resolved: Private employers may screen employees with preemployment testing, investigate accidents by testing those involved and conduct random drug tests. Recent litigation has focused not on whether an employer may test but on how the test is done. For preemployment screening, the ADA requires that medical exams not be done before the applicant has received a conditional offer of employment, but it specifically excludes drug tests. However, many companies hoping to avoid defamation suits retain a medical re ...