Are employers allowed to give pre-employment nicotine and pregnancy tests along with drug and alcohol tests?

I am an employer. I am implementing a drug and alcohol testing policy similar to CFR 49 for Commercial Drivers License Holders. None of my employees have CDLs nor are they required to have one for my company. I just use CFR 49 rules as model for how I do drug and alcohol testing as well as yearly DOT medical exams. Everything is more uniform that way.





Anyway, if you are planning on answering my question asking why I want to do this, do not bother answering. I am looking for the answer to this question. The question is am I allowed to give pre-employment and random nicotine and pregnancy testing? The reason for the nicotine is because I wish to not employ smokers. In my state, this is legal. For pregnant women, the reason is because the type of business I run, pregnant women cannot work in. Please do not ask why. Just answer my question. Is it ok and/or legal for me to do these tests?

Are employers allowed to give pre-employment nicotine and pregnancy tests along with drug and alcohol tests?
You probably need to ask a lawyer about this.





First, whatever the correct answer is when you get sued for discrimination - and you will - a defense of "they told me it was OK on Yahoo" will get you laughed out of court.





Second, if you insist on being secretive about the reasons you will need the attorney-client privilege to protect you from being required to answer embarrassing questions about your motives.





And third, I hope it costs a bundle to get the advice on how to circumvent laws and basic morality.
Reply:Bottom line is an employer can't discrimnate for certain reasons. Smoking; don't think that is a protected group. Pregnant; not sure its protected, but they would not be allowed to make an employment decision based on this fact alone.





Besides...if you were pregnant why would you be smoking???
Reply:nicotine yes are allowable the railroad has used them for awhile,the pregnancy test is not because that would be discrimination to fullest degree and against the federal mandates set forth by the Dept. of Labor





Also you must go thru set standards of testing as you must use a independant company to administer any such test with the certification to accompany it.


You are treding on very dangerous grounds of liability with your ideas here so i would suggest legal council before you implemented such actions