Employers (or a CBA) set their own conditions. For example, employers in CO can and do terminate employees for use of marijuana. Just because something is legal, doesn't make it okay in all walks of life. Now how do I personally feel about en employer's right to check my bodily fluids? That's a whole different topic that doesn't apply to a TwinsDaily discussion. At it's core, employers do have the right to make this decision. I'm curious how it will play out over the next decade. An employer also has the right to punish you for a hangover, if they can prove that's the cause. Essentially it would be under poor performance and/or missed work.