§ 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.)
Structure Vermont Statutes
Chapter 5 - Employment Practices
§ 301. Medical examination, expense
§ 303. Penalty; judicial bureau
§ 305. Nursing mothers in the workplace
§ 306. Public policy of the State of Vermont; employment separation agreements
§ 309. Flexible working arrangements
§ 342. Weekly payment of wages
§ 342a. Investigation of complaints of unpaid wages
§ 344. Assignment of future wages
§ 345. Nonpayment of wages and benefits
§ 346. Enforcement by Attorney General; employee misclassification
§ 387. Enforcement by Attorney General; employee misclassification
§ 391. Modification of wage orders
§ 396. Appeals from Commissioner’s decisions
§ 413. Notice and wage payment obligations
§ 416. Powers of the Commissioner
§ 430. Policy; definitions; rules
§ 431. Age limit; certificate as to eligibility of child under 16
§ 434. Employment of children under 16
§ 436. Employment of children under 14 years
§ 437. Employment of children; special restrictions; hours for children under 16 years
§ 442. Posting notices of hours of labor
§ 446. Duties of Commissioner as to employment of children
§ 448. Duty of person having control of child
§ 452. Suspension of subchapter
§ 453. Sale of goods made in violation of subchapter
§ 472a. Short-term family leave
§ 472b. Town meeting leave; employees; students
§ 472c. Leave; alleged crime victims; relief from stalking or abuse
§ 474. Penalties and enforcement
§ 483. Use of earned sick time
§ 484. Compliance with earned sick time requirement
§ 485. Severability of provisions
§ 491. Absence on military service and training; employment and reemployment rights
§ 494a. Polygraph testing as condition of employment
§ 494b. Employers permitted to require polygraph examinations
§ 494d. Employee rights in related proceedings
§ 495. Unlawful employment practice
§ 495a. Persons entering into contracts with this State
§ 495b. Penalties and enforcement
§ 495g. Provision applicable to college professors
§ 495i. Employment based on credit information; prohibitions
§ 495j. Criminal history records; employment applications
§ 495k. Accommodations for pregnancy-related conditions
§ 495l. Social media account privacy; prohibitions
§ 495m. Salary history; employment applications
§ 495n. Sexual harassment complaints; notice to Attorney General and Human Rights Commission
§ 496a. State funds; union organizing
§ 497c. Disability awareness month
§ 504. Income from vending facilities and machines
§ 505. Vending facilities; operation by other than a person who is blind or visually impaired
§ 507. Whistleblower protection; health care employees; prohibitions; hearing; notice
§ 512. Drug testing of applicants; prohibitions; exceptions
§ 513. Drug testing of employees; prohibitions; exceptions
§ 514. Administration of tests
§ 515. Positive test results; opportunity to retest
§ 518. Designated laboratory; rule making authority of the Commissioner