Pennsylvania does not have a state law that regulates or prohibits drug testing in the private sector. However, private employers that choose to implement a testing program should be sensitive to the privacy issues involved. For example, a random drug testing policy may compete with an individual's right to privacy. Pennsylvania courts use a balancing test that seeks to determine whether a reasonable person would find the employer's program highly offensive. The courts weight the employee's privacy with the employer's interest in maintaining a substance-free workplace.
Pennsylvania’s unemployment compensation law upholds an employer’s right to discharge an employee following a positive drug test. In Pennsylvania, an employee is ineligible for unemployment compensation if he or she was discharged or suspended because of:
• A failure to submit to a legitimate drug test; or
• A failure to pass a legitimate drug test. For Pennsylvania’s unemployment compensation purposes, all employer drug tests must be conducted under the employer’s established substance abuse policy.