Can my drug testing criteria be different for hourly vs. exempt employees? Example: a waitress does pre-employment drug test and it comes back negative-dilute. I wouldn't retest.
If a manager does pre-employment drug test and it comes back negative-dilute, I would retest.
Is that discriminatory? If any tests came back positive or positive-dilute we wouldn't hire in either case. It's only for the diluted samples. I have my first one ever and am trying to write company policy.

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Employers can implement different drug testing policies for hourly vs. exempt employees, as long as the policies are: non-discriminatory, job-related, and consistent with business needs.

like

It’s not discriminatory. Discrimination is only when it happens against protected class (gender, age, sexual orientation, race, etc).

like

What Kyndryl 1 said. You should also check on any state law provisions.

like

I’d be inclined to agree with Kyndryl 1.

HOWEVER: Your state may have specific laws regarding drug testing per se; exemptions for specific drugs/groups of persons; rules about treatment of hourly vs employed; etc.

When dealing with legal matters, always make sure to consult an attorney licensed to practice in your relevant jurisdiction.

smart

no, as long as it's extended equally across all hourly/salaried employees

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