Sweden: Employer rights regarding background checks and drug testing

In Sweden, the legality of employer requests for background checks and drug tests depends heavily on the specific requirements of the job role. Employers may request criminal record extracts for positions involving work with children, the elderly, or vulnerable groups, as well as for security-sensitive roles. However, for office positions or roles without responsibility for safety or finances, such requests may not be considered reasonable.

Regarding drug testing, employers must have a clear, job-related justification, such as safety-sensitive tasks where impairment could cause harm. A general desire for a 'drug-free workplace' is insufficient to justify the intrusion. Furthermore, the Swedish Trade Union Confederation (ST) has expressed concerns regarding proposals for random drug testing in the public sector, arguing that such measures constitute an disproportionate infringement on personal integrity and could undermine the culture of trust between employers and employees.