[20181119]IN10909_各州对失业补偿申请者和受益人进行药物检测的能力的最新立法和监管动态.pdf

CRS INSIGHT Prepared for Members and Committees of Congress INSIGHTINSIGHTi i Recent Legislative and Regulatory Developments in States Ability to Drug Test Unemployment Compensation Applicants and Beneficiaries /name redacted/ Specialist in Income Security /name redacted/ Specialist in Income Security Updated November 19, 2018 Federal law permits states to restrict an individuals Unemployment Compensation (UC) benefit eligibility for certain circumstances related to the “fact or cause” of unemployment; this includes situations in which an individual was fired for drug use or refusing to take a drug test. Most states have specific disqualifications for drug-related job loss (see Table 5-8 in the hyperlink), including reporting to work under the influence of drugs/alcohol; violating the employers drug policy, including refusing to undergo drug or alcohol testing; or having tested positive for drugs or alcohol under certain circumstances. Proposals to expand drug testing in the UC program have been considered in recent (113th, 114th, and 115th) Congresses. Interest in these proposals has been balanced by concerns that federal or state laws may be subject to a constitutional challenge