Archives: Drug Tests

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Federal Appeals Court Upholds Dismissal of Public Employee For Failing Random Drug Test

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

Court Upholds Dismissal of Employee Based on Refusal to Submit to Reasonable Suspicion Drug Test

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

Case Alleging That Hair Follicle Drug Testing Has Disparate Impact on African-Americans Allowed To Proceed

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

Employer’s Honest Belief That Employee Violated Drug Testing Policy Defeated ADA Claims

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

Massachusetts State Court Rejects Medical Marijuana Suit

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

New Survey Shows Positive Workplace Drug Test Results Are On The Rise, Especially For Heroin, Marijuana and Amphetamines

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

Bus Mechanic Who Uses Adderall for ADHD Can Proceed with Disability Discrimination Claims

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

Failure to Hire DOT Driver After Positive Drug Test Result Leads To ADA Claim

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

What OSHA’s Electronic Recordkeeping Rule Means For Workplace Post-Accident Drug and Alcohol Testing

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

Pennsylvania Employee Proceeds With Invasion of Privacy Claim Arising Out Of Positive Drug Test Result

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

Three-Year Statute of Limitations Applies To Violations of Rhode Island Drug Testing Law

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

Minnesota Drug Testing Law Applies Where Minnesota Resident Was Hired to Work in Another State

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

Lack of Clarity in Employer’s Drug Testing Policy Results in Remand to Trial Court in Unemployment Compensation Case

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

FMCSA Slashes Random Drug Testing Percentage Rate For 2016

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

Hair Testing Guidelines Coming Within A Year For Commercial Motor Vehicle Drivers

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

Deaf Employee Who Was Fired For Positive Drug Test Result Could Not Show Disability Discrimination

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

Employee Termination Upheld Due To Failure To Comply with Employer’s Prescription Medication Policy

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

EEOC Sues Employer Who Allegedly Refused to Hire Methadone User

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

Employee Failed to Show that Positive Drug Test Result For Barbiturates Was Discriminatory

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 Were Not Impermissible Medical Examinations Under The ADA, Court Holds

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

NLRB Says Beer Dealer’s Refusal-To-Drug-Test Firing Doesn’t Mix With “Weingarten Rights”

Brewing more trouble for workplace drug testing, the National Labor Relations Board has held a New York beer distributor violated the National Labor Relations Act by denying its driver helper, who reported to work with his clothes “reek[ing] of the smell of marijuana” and with “glassy” and “bloodshot” eyes, and was directed to take a drug test … Continue Reading

Employee’s Positive Return-to-Duty Drug Test Result Warranted Termination Despite Employer’s Use of Low Cutoff Concentrations

A Texas oil refinery whose substance abuse policy said an employee “whose drug test is positive, regardless of the reasons for the test,” would be considered in violation of company policy and “will be terminated from employment” meant what it said, a labor arbitrator has concluded. The policy, along with an agreement requiring that an … Continue Reading

National Safety Council Urges Employers to Take Steps to Address Employee Addiction to Opioid Pain Medications

The National Safety Council (“NSC”) has published a report entitled Prescription Pain Medications: A Fatal Cure For Injured Workers, urging employers to educate employees about the dangers of using opioid pain medications – such as addiction and death – while also taking steps to avoid potential liability in workers’ compensation and personal injury litigation. The … Continue Reading

California Court Upholds Emotional Distress Award Due to Unannounced Random Drug Test

A California appellate court affirmed an award of emotional distress to two employees who felt pressured to submit to a random drug test. Aro v. Legal Recovery Law Offices, Inc., Case No. D065422 (unpublished) (Cal. Ct. App. Apr. 8, 2015). Plaintiffs Aro and O’Toole were employed as debt collectors by Legal Recovery Law Offices, Inc. … Continue Reading
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