Employee Claims Arising From Drug Testing
Drug testing may give rise to other legal problems.
Here's some examples:
Disability discrimination – an applicant or employee who is taking medication for a disability is protected by the Americans with Disabilities Act (ADA). Some prescribed medications turn up on drug tests, and some drugs that would otherwise be illegal (such as opiates) are legitimately prescribed for certain conditions.
If an applicant is turned down because of a positive drug test, and the applicant’s medication was legally prescribed for a disability, the company could be liable (unless the drug is medical marijuana).
Other discrimination claims – an employer who singles out certain groups of employees - for example, by race, age, or gender - for drug testing could face a discrimination claim.
David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (818) 918-5522 or by visiting http://payablaw.com