Developments in Regulating Workplace Drug and Alcohol Testing
A Tennessee auto glass manufacturer will get a new trial to prove that drug tests it administered to its employees – including tests for prescription medications — were not “medical examinations” or “disability-related inquiries” under the Americans with Disabilities Act. Bates v. Dura Automotive Systems, Inc., No. 11-6088 (6th Cir. August 26, 2014).
In…
A federal court in Minnesota has ruled that Minnesota’s Drug and Alcohol Testing in the Workplace Act (DATWA), Minn. Stat. Sections 950-957, does not apply to employees who work or are applying to work outside the state of Minnesota. Olson v. Push, Inc., No. 14-1163 (ADM/JJK) (D. Minn. Aug. 19, 2014). In Olson, the…
The National Labor Relations Board has held that a supermarket chain violated the National Labor Relations Act by terminating an employee who refused to submit to a drug test without first consulting a union representative, affirming an April 2013 decision by its Administrative Law Judge. Ralphs Grocery Co., 361 NLRB No. 9 (July 31,…
West Virginia Governor Earl Ray Tomblin signed into law March 28, 2014 an amendment to the West Virginia Code requiring mandatory employer reporting to the West Virginia Office of Miners’ Health, Safety and Training (“OMHST”) whenever an applicant or employee, working in a safety-sensitive mining position, tests positive on a drug or alcohol test or…
A federal court in Florida has held that the City of Key West’s policy of drug testing all applicants for employment was applied to an applicant in an unconstitutional manner. Karen Cabanas Voss v. City of Key West, Case No. 13-10106-CV-King (S.D. Fla. May 9, 2014).
The City of Key West conducts drug testing of…
The Federal Aviation Administration (“FAA”) announced last week that it is considering expanding its current drug and alcohol testing regulations to require testing of certain foreign repair and maintenance workers performing work for U.S. air carriers.
While the FAA has long required random drug and alcohol testing of workers responsible for maintaining and repairing aircrafts…
Pre-offer drug tests to determine the use of both legal and illegal drugs violated the Americans with Disabilities Act’s prohibition on pre-offer medical inquiries, a federal court in Pennsylvania held on March 6, 2014. EEOC v. Grane Healthcare Co. and Ebensburg Care Center, LLC, d/b/a Cambria Care Center, CV No. 3:10-250 (W. Dist. Pa.
A federal appeals court held on February 14, 2014 that an employer did not retaliate against an employee when it discharged him for refusing to submit to a drug test after he initiated the filing of a workers’ compensation claim. Phillips v. Continental Tire The Americas, LLC, No. 13-2199 (7th Cir. Feb. 14, 2014).…
Famous third baseman Alex Rodriguez is suing over an arbitration decision suspending him from major league baseball for the entire 2014 season for using performance-enhancing drugs. His chances of overturning the arbitration award are examined by our colleagues Steven S. Goodman, Gregg E. Clifton, and Philip B. Rosen in this article: A-Rod: A Tough Road …
