Vermont Statutes Title 21 Sec. 512
Terms Used In Vermont Statutes Title 21 Sec. 512
- Applicant for employment: means an individual seeking or being sought for employment with an employer. See
- Drug: means a drug listed or classified by the U. See
- Drug test: means the procedure of taking and analyzing body fluids or materials from the body for the purpose of detecting the presence of a regulated drug as defined in 18 Vt. See
- Employer: means any individual, organization, or governmental body, including partnership, association, trustee, estate, corporation, joint stock company, insurance company, or legal representative, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee, or successor thereof, and any common carrier by mail, motor, water, air, or express company doing business in or operating within this State, which has one or more individuals performing services for it within this State, or which has offered or may offer employment to one or more individuals. See
- Employment agency: means a person who undertakes, with or without compensation, to procure, refer, recruit, or place for an employer or person, the opportunity to work for an employer. See
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
§ 512. Drug testing of applicants; prohibitions; exceptions
(a) General prohibition. Except as provided in subsection (b) of this section, an employer or an employment agency shall not, as a condition of employment, do any of the following:
(1) request or require that an applicant for employment take or submit to a drug test;
(2) administer or attempt to administer a drug test to an applicant for employment; or
(3) request or require that an applicant for employment consent, directly or indirectly, to a practice prohibited under this subchapter.
(b) Exception. An employer may require an applicant for employment to submit to a drug test only if all of the following conditions are met:
(1) Conditional offer of employment. The applicant has been given an offer of employment conditioned on the applicant receiving a negative test result.
(2) Notice. The applicant received written notice of the drug testing procedure and a list of the drugs to be tested. The notice shall also state that therapeutic levels of medically-prescribed drugs tested will not be reported. The notice required under this subdivision may not be waived by the applicant.
(3) Administration. The drug test is administered in accordance with section 514 of this title. (Added 1987, No. 61, § 1, eff. Sept. 1, 1987; amended 2001, No. 92 (Adj. Sess.), § 2, eff. May 1, 2002.)