When a candidate learned about a company’s drug-testing policy, which includes hair testing for new hires and random screenings thereafter, he shaved his head and insisted he could not provide a hair sample for testing purposes. The company has several ways it could react, but should be cognizant of the Americans with Disabilities Act (ADA). It could call the scheme a refusal to test and choose to forego any job offers. It could also insist on hair samples from the chest or underarm, should the potential employee be willing, or offer another means to test, such as a pre-hire urine drug screening. Some states, however, place limitations on random drug testing after an offer has been made, unless reasonable suspicion exists.
