Requiring employees to submit to directly observed reasonable suspicion testing and falsely reporting to third parties that the employees were tested because of reasonable suspicion may give rise to claims for invasion of privacy and defamation, according to two recent decisions by the U.S. District Court for the Western District of Louisiana. Cook v. Warrior Energy … Continue Reading
Last November, Maine was one of four states in which voters approved a new recreational marijuana law. Maine’s law took effect on January 30, 2017; however, emergency legislation passed on January 27, 2017 delayed the implementation of certain provisions of the law. Specifically, the emergency legislation: Delayed the effective date of most of the provisions … Continue Reading
A federal district court recently dismissed a lawsuit in which a job applicant challenged a public employer’s decision to withdraw an offer of employment after the individual tested positive for cocaine on a pre-employment drug test. Turner v. Richmond Public Schools, et al., No. 3:16-cv-256 (E.D.VA., March 28, 2017). The federal action sought to recover … Continue Reading
President Trump signed a Congressional Joint Resolution March 31 that will permit states to pass measures allowing for broader drug testing of applicants for unemployment benefits. The resolution nullified a U.S. Department of Labor final rule issued in August 2016 that permitted states to enact legislation to conduct drug testing of applicants for unemployment benefits … Continue Reading
The Unified Government of Wyandotte County/Kansas City, Kansas did not violate a public employee’s Fourth Amendment rights by requiring the employee to submit to a random drug test or by terminating his employment when he tested positive for cocaine, according to a recent decision by the U.S. Court of Appeals for the Tenth Circuit. Washington … Continue Reading
The highest court in West Virginia recently affirmed the dismissal of a lawsuit in which an employee challenged the decision to terminate her employment after she refused to submit to a reasonable suspicion drug test. Layne v. Kanawha County Board of Education, No. 16-0407 (W.VA. Feb. 17, 2017). The case highlights the right way to … Continue Reading
A municipal employer that conducted hair follicle drug testing on police officers was not entitled to summary judgment on a Title VII disparate impact claim, because a reasonable jury could conclude that an alternative to hair follicle drug testing would have met the employer’s legitimate needs, according to the United States Court of Appeals for … Continue Reading
An employer that terminated an employee based on its honest belief the employee violated its drug policy was entitled to summary judgment on the employee’s Americans with Disabilities Act claim, according to a Kentucky federal court. The court also granted summary judgment to the employer on the employee’s failure to accommodate and wrongful discharge claims. … Continue Reading
In another win for employers with regard to medical marijuana use by employees, a Massachusetts state court rejected a former employee’s legal claims under the state’s medical marijuana law. Barbuto v. Advantage Sales and Marketing, LLC, et al., No. 15-02677 (Mass. Sup. Ct. May 31, 2016). The plaintiff, Christina Barbuto, possessed a valid medical marijuana prescription … Continue Reading
According to a new study published by Quest Diagnostics today, positive workplace drug test results have been increasing steadily every year since 2011, and made up 4% of all workplace drug test results in 2015. The Quest Diagnostics Drug Testing Index — an annual survey of workplace drug test results — examined nearly 11 million drug … Continue Reading
A federal district court in the District of Columbia has allowed a bus mechanic to proceed with claims of disability discrimination and retaliation, after he was fired for using Adderall to treat Attention Deficit Hyperactivity Disorder (“ADHD”). McFadden v. Washington Metropolitan Area Transit Authority, CV-12-940 (D.D.C. September 2, 2016). McFadden was hired by WMATA as … Continue Reading
A South Carolina company that hauls gasoline, diesel fuel and ethanol throughout the country will face an Americans with Disabilities Act suit brought by a rejected DOT driver applicant with a sleep disorder for which he was prescribed an amphetamine (Dexedrine), the U.S. Court of Appeals in Richmond has decided, reversing a lower’s court’s dismissal … Continue Reading
Today, OSHA’s final electronic recordkeeping rule, “Improve Tracking of Workplace Injuries and Illnesses,” was published in the Federal Register. A detailed discussion of the rule can be found here on our OSHA Law Blog. In the final rule OSHA states that “blanket post-injury drug testing policies deter proper reporting” and concludes that: “the final rule does … Continue Reading
A federal court in Pennsylvania has allowed an employee to proceed with a wrongful discharge/invasion of privacy claim related to her discharge after a positive drug test result. Wilkinson v. Marvin E. Klinger, Inc., Case No. 4:15-cv-01916, 2016 U.S. Dist. LEXIS 58340 (M.D. PA. May 3, 2016). Plaintiff, a 58-year old school bus driver, was … Continue Reading
The Rhode Island Supreme Court has held that a three-year statute of limitations applies to claims alleging violations of the employer drug testing statute in that state. Goddard v. APG Sec.-RI, LLC, No. 2014-239-Appeal (R.I. Mar. 7, 2016). Rhode Island’s employer drug testing statute provides employees with a right to be free from drug tests … Continue Reading
A federal appeals court in Minnesota has held that the Minnesota drug testing statute applies to an applicant tested in Minnesota, even though the applicant was being hired for a job in another state. Olson v. Push, Inc., No. 14-3160 (8th Cir. Feb. 22, 2016). Push, Inc., a Wisconsin corporation, hired Olson, a Minnesota resident, … Continue Reading
Although an employee clearly refused a drug test under an employer’s drug and alcohol policy, an appellate court in Alabama remanded the case to the trial court because the employer’s policy did not clearly define the testing methods to be utilized, which was an important component of determining the employee’s eligibility for unemployment benefits. Austal … Continue Reading
Motor carriers subject to Federal Motor Carrier Safety Administration drug and alcohol testing requirements in 2016 will have to conduct significantly fewer random drug tests for drivers of commercial motor vehicles (CMVs), including certain trucks and buses, and spend less money on that testing, the U.S. Department of Transportation agency said recently . The FMCSA … Continue Reading
President Obama signed the Fixing America’s Surface Transportation (FAST) Act on December 4, 2015, a law that funds improvements to the nation’s roads, bridges, transit systems, and rail transportation network for a period of five years. Among other things, the FAST Act directs the U.S. Department of Health and Human Services (DHHS) to issue scientific … Continue Reading
A deaf employee who tested positive for hydrocodone – but could not produce a prescription for the drug – was not discriminated against due to his disability when his employer fired him. Phillips v. PPG Industries, Inc., Case No. 5:14-CV-1274 (N.D. Alabama Nov. 24, 2015). Phillips was employed as a “finisher” in a manufacturing facility … Continue Reading
A federal court in Utah upheld the termination of an employee who did not disclose his use of prescription medication in accordance with his employer’s policy. Angel v. Lisbon Valley Mining Co., Case No. 2:14-CV-00733 (D. Utah Nov. 23, 2015). Angel was employed as a haul truck driver at Lisbon Valley Mining Co., a copper … Continue Reading
In the last three years, the Equal Employment Opportunity Commission has filed numerous lawsuits against employers who take adverse actions against applicants and employees who use prescription medications. In accordance with that trend, EEOC filed suit on November 3, 2015 against an employer who purportedly refused to hire a recovering drug addict using methadone, alleging … Continue Reading
A federal court in Georgia rejected an employee’s claim that his termination after a positive drug test result for barbiturates was discriminatory. Roman v. Leggett and Platt, Inc., Case No. 3:14-CV-20 (M.D. Ga. Nov. 3, 2015). Roman worked in a safety-sensitive position and was subject to random drug testing. He tested positive for phenobarbital, which … Continue Reading
Pre-offer drug tests to determine the use of illegal drugs did not violate the Americans with Disabilities Act’s prohibition on pre-offer medical inquiries, a federal court in Pennsylvania held on September 15, 2015. EEOC v. Grane Healthcare Co. et ano, CV No. 3:10-250 (W.D. Pa. Sept. 15, 2015). The Court previously held, for purposes of … Continue Reading
