Yes, it is legal. Many workplaces do so.
For these lawyers to successfully negate this is to essentially ban any drug testing. I don’t see the need for drug testing for many occupations but some (hi-powered construction vehicles, mass transit operators, etc.) are necessary. As to private businesses, test away in regards to actual drugs that can truly impair one’s ability in regards to safety. Now the anti-smoking zealots are another story...
I have barely commented on all this stuff since Wisconsin started (since others generally nail the same point I would have made) but I’ve always said to Dems I know that the term “public service” has no meaning if it doesn’t denote an income that is less than an equivalent private sector position. You know, taking less in the belief that serving the public by being paid by the public requires the best bang for the buck especially when you are part of the only game in town.
I also point out that pay/benefits should be determined under the process that creates civil service rules and regs. Period. Again, it is “public service” not “public bonus.”
The military does it to.
These state workers arent off limits
On a side note, I believe that employment-based drug testing has done more to mitigate drug use in this country than any criminal law ever did.