Some states have comprehensive laws that regulate or prohibit alcohol and drug testing in private sector workplaces, but Virginia does not have any such statutes. Therefore, Virginia employers are free to implement drug and alcohol testing programs at their own discretion. There is more information on developing these programs. Please see the national Alcohol and Drugs section.
State contractors. Every state contract over $10,000 must include a provision outlining drug-free workplace requirements. Contractors must agree to provide a drug-free workplace for the duration of the contract. Contractors also must (VA Code Sec. 2.2-4312):
The Virginians with Disabilities Act prohibits employment discrimination based on an employee's disability. The law specifically excludes active alcoholism and current drug addiction from its protection (VA Code Sec. 51.5-1et seq.).
Current use of illegal drugs is not a protected disability under the federal Americans with Disabilities Act (ADA). Alcoholism is considered a disability, but federal law provides that an employer may hold an alcoholic employee to ...