Workplace Drug Testing Laws for Massachusetts

Massachusetts legislation does not address drug testing in private employment; however case law has specified that random drug testing may be subject to be weighed on a case by case basis and courts will balance the employee’s privacy rights to the employer’s interest.

Massachusetts unemployment law and workers compensation law does not specify drug testing procedures or requirements; therefore, employers are free to implement a policy that conforms with employee positions and job duties.

Marijuana is legal medically and recreationally. An employer with drug testing policy that tests for Marijuana may be subject to a disability discrimination claim under Massachusetts law if the employer takes an adverse employment action or otherwise discriminates against a “qualified handicapped employee” based on the employee’s off-site, off-duty use of lawfully-prescribed medical marijuana.