the small print states failure to submit to drug testing will be taken as guilt (in my job anyway)
There was no print in this case as it was an interview. I wasn't given anything to read.
Heavy cannabis user for the last 5 or so years, and loving it.
I've an entire court case planned in my head for when it happens!
I had a stoner mate who used to plan for all kinds of crazy legal scenarios in his head; What he'd do if he was hit by car (it involved him supernaturally surviving the crash unscathed, beating up the driver and then successfully suing him for millions), what he'd do if he was fired from his job (again, there was an element of physical assault followed by high-payout litigation), what he'd do if he was arrested for possession (you can guess). Fortunately, he never had to put his inner Judge Doobie to the test in real life.
Such small print may not necessarily stand up to scrutiny of a court case or a WRC claim.
Depends on the context of 'high' performers :)
Seriously, though, if they're doing a job and doing it well enough to be recognised, why world you want to drug test and fire them...?
Do NOT ask me how I define the terms "man", "woman", "male" or "female" when you reply to this post. You know the answer and it's probably irrelevant to the discussion :)
i doubt there's much one could do with it being early in the hiring process
In practical terms, it would indeed be very difficult to do anything about it. But it could well be seen as an unfair procedure if there was a case - guilty until proven innocent.