Commercial laboratories owe a duty of care to drug testing subjects and the failure to follow established procedures may be a violation of that duty in certain circumstances, according to a recent decision by the United States District Court for the District of Columbia.  Rodriguez v. Laboratory Corp. of America Holdings, d/b/a LabCorp, 2014

The first law in the nation to require the widespread drug testing of health care employees may be on its way to passage, as the New Hampshire House of Representatives has passed by a vote of 289-48, without debate, “An Act relative to the drug-free workplaces for licensed health care facilities and providers,” on January

An administrative assistant’s belief that her employer asked her to engage in unethical conduct in dealing with company drug testing and alcohol abuse incidents did not give her good reason to quit her job or receive unemployment benefits, a Minnesota court has held.  That (a) the employee may have felt uncomfortable because the plant manager

Michigan’s new drug testing disqualification law (Act No. 146 of 2013) amending the state’s “Employment Security Act” (MCL 421.129), provides that for one year after the enactment’s effective date (October 29, 2013), an individual will be considered to have refused an offer of suitable work if the prospective employer administers pre-employment drug tests on a

An Iowa appellate court reversed an award of damages to an employee under the Americans with Disabilities Act (“ADA”) after the employee was discharged for refusing to submit to a post-accident drug test.  Phillip M. Brown v. Mystique Casino, No. 3-723, 13-0012 (Iowa App. Oct. 2, 2013).

The employee had taken a number

A federal court in Denver has held that an employee who was fired after testing positive for marijuana was not protected by the state’s anti-discrimination laws, even though Colorado has legalized the use of medical marijuana.  (Curry v. MillerCoors, Inc., 12-cv-02471 (JLK) (D. Colo. 2013)).

MillerCoors terminated Paul Curry after he tested positive