Has your Nevada employer or prospective employer asked you to take a drug test? Federal law places few limits on employer drug testing: Although the federal government requires testing by employers in a few safety-sensitive industries (including transportation, aviation, and contractors with NASA and the Department of Defense), federal law doesn't otherwise require – or prohibit drug tests.
For the most part, state and local laws determine whether an employer may test employees and applicants for drugs.
Nevada has no law addressing drug testing of existing employees. This means that drug testing of existing employees is not prohibited or restricted, unless it violates other legal provisions (such as a law prohibiting discrimination; see below).
However, Nevada law does offer some protection to job applicants who test positive for marijuana.
Employers in Nevada are generally prohibited from refusing to hire a candidate because of a positive marijuana test, although exceptions apply for certain safety-sensitive positions.
In addition, employees who are within their first 30 days of employment and test positive for marijuana have the right to submit to an additional screening test, at their own expense, to potentially rebut the results of the first test. Under the law, the employer must accept and give appropriate consideration to the results of the second test. (Nev. Rev. Stat. § 613.132 (2024)).
Because Nevada law puts few limits on workplace drug testing, employees who believe their test was illegal will have to rely on other legal theories.
For example, an employer may run into legal trouble based on who is tested or how the test is conducted. Here are some examples:
If you think your employer drug tested you in violation of the law—for example, your employer's "random" drug tests weren't truly random—consider contacting an attorney to discuss your legal options.
In addition, if a Nevada employer refused to hire you because you tested positive for marijuana, you might have a legal claim against your employer. An attorney can advise you on the best way forward.