20 C.F.R. § 620.4

Testing of unemployment compensation applicants for the unlawful use of a controlled substance

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(a) States may require drug testing for unemployment compensation applicants, as defined in § 620.2, for the unlawful use of one or more controlled substances, as defined in § 620.2, as a condition of eligibility for unemployment compensation, if the individual is one for whom suitable work, as defined in State law, as defined in § 620.2, is only available in an occupation that regularly conducts drug testing as identified under § 620.3.

(b) A State conducting drug testing as a condition of unemployment compensation eligibility, as provided in paragraph (a) of this section, may only elect to require drug testing of applicants for whom the only suitable work is available in one or more of the occupations listed under § 620.3. States are not required to apply drug testing to any applicants for whom the only suitable work is available in any or all of the occupations listed.

Notes of Decisions

Cited in 1 case, 1981–1981 · leading case: Guadalupe F. Alvarez, Cross-Appellees v. Joan of Arc, Inc., Cross-Appellant, 658 F.2d 1217 (7th Cir. 1981).

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Guadalupe F. Alvarez, Cross-Appellees v. Joan of Arc, Inc., Cross-Appellant, 658 F.2d 1217 (7th Cir. 1981). “20 C.F.R. § 620.4 (d). There is no evidence in the record to show that the space available was inadequate.”

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