With marijuana legal in California for both medical and recreational uses, employers are left to wonder whether employer testing for marijuana is done. But drug testing of applicants and employees is still legal, and the courts have upheld a balance between drug testing because of safety issues and the employer’s reasonable expectation of privacy. Although the state’s new California Fair Employment and Housing Act (FEHA) makes it unlawful to discriminate against an applicant or employee who has engaged in the unlawful use of marijuana outside of work, an employer’s right to maintain a drug-free workplace is not restricted.
