Several recent cases have highlighted the need for employers to take the proper steps to avoid financial liability by simply becoming familiar with rules. In Lingo v. Early County Gin, Inc., the business was found to not have met the statutory requirements entitling it to the rebuttable presumption of intoxication defense after an employee tested positive for marijuana. The urine sample was taken while undergoing surgery after being run over by a vehicle while on the job. In another case, a $45,000 settlement was reached when Happy Jacks Casino, South Dakota, rescinded a job officer following a positive test for prescription drugs prescribed for pain management. In September 2016, the Equal Employment Opportunity Commission (EEOC) filed a claim against the company for violation of federal law by refusing to hire the applicant based on her disability. The employer agreed to settle.
