Decline to promote • the employee. Decline to give the • employee additional compensation. Transfer the • employee. Terminate the • employee. Discipline the • employee. Take any other • adverse employment action not otherwise prohibited by law. Delaware Delaware has not General employers are It is highly State law does not State law does not specify how drug State law does not State law does enacted any neither prohibited from nor recommended that specify what kind of tests must be conducted by general specify any protocol not specify who general required to establish drug employers who wish testing (for employers. required if a drug test must pay for the employment drug and alcohol testing policies to test their example, blood, comes back positive, drug test and any or alcohol testing and procedures. Employers employees for drugs urine, or hair) is State law does not specify where drug such as re-testing follow-up drug laws. Employee generally have discretion in or alcohol maintain authorized or tests must be conducted. procedures. test. privacy rights do deciding the circumstances and distribute a prohibited by not limit an for which testing will be written drug and general employers. State law does not employer's right to required. alcohol testing policy specify any legal require employees outlining the State law does not protections for to participate in Courts have recognized an circumstances under specify the employees or drug or alcohol to drug which an employee substances for applicants who test employer’s ability testing. test employees when there may be asked or which general positive for drugs or are that drug required to submit to employers may test. alcohol. “indications” or alcohol use is occurring testing, procedures to in the workplace or that be followed, and performance problems may consequences for be to such use. refusing to submit to a test or for a positive (Gibbs v. Allen's Family result. Foods, No. CIV.A. 2012 WL 5830697, Showing that such a at *3 (Del. Super. Apr. 25, policy has been 2012)) received by the employee should also preclude the employee from receiving unemployment benefits.
• Decline to promote the employee. • Decline to give the employee additional compensation. • Transfer the employee. • Terminate the employee. • Discipline the employee. • Take any other adverse employment action not otherwise prohibited by law. Delaware Delaware has not enacted any general employment drug or alcohol testing laws. Employee privacy rights do not limit an employer's right to require employees to participate in drug or alcohol testing. General employers are neither prohibited from nor required to establish drug and alcohol testing policies and procedures. Employers generally have discretion in deciding the circumstances for which testing will be required. Courts have recognized an employer’s ability to drug test employees when there are “indications” that drug or alcohol use is occurring in the workplace or that performance problems may be to such use. (Gibbs v. Allen's Family Foods, No. CIV.A. 2012 WL 5830697, at *3 (Del. Super. Apr. 25, 2012)) It is highly recommended that employers who wish to test their employees for drugs or alcohol maintain and distribute a written drug and alcohol testing policy outlining the circumstances under which an employee may be asked or required to submit to testing, procedures to be followed, and consequences for refusing to submit to a test or for a positive result. Showing that such a policy has been received by the employee should also preclude the employee from receiving unemployment benefits. State law does not specify what kind of testing (for example, blood, urine, or hair) is authorized or prohibited by general employers. State law does not specify the substances for which general employers may test. State law does not specify how drug tests must be conducted by general employers. State law does not specify where drug tests must be conducted. State law does not specify any protocol required if a drug test comes back positive, such as re-testing procedures. State law does not specify any legal protections for employees or applicants who test positive for drugs or alcohol. State law does not specify who must pay for the drug test and any follow-up drug test.
50-State-Survey-Drug-Alcohol-Testing-Laws-August-2015.docx