Several potential liability pitfalls on drug testing include:
- Only requiring drug tests for certain classes of current or prospective employees, based on their race, color, religion, sex, and national origin (Title VII of the Civil Rights Act)
- Firing or refusing employment based on a positive result due to prescribed medications for a disability (Americans with Disabilities Act)
- Firing or refusing employment based on a drug screen not confirmed by an approved laboratory
- Violating the dignity and privacy of the employee by sharing results with third parties (if the results are falsely positive, sharing this information could be the basis for a civil suit for defamation)