Admissions of Drug Use By Employees Are Not The Same As Positive Test Results in Minnesota
A common occurrence when employees are confronted with a requirement to
take a drug test: they often confess. Sometimes they suggest that the employer
need not bother with the test because they know they will test positive. Under
the Minnesota Drug and Alcohol Testing in the Workplace Act (“DATWA”), admissions
of drug use and a positive drug test have very different legal ramifications.
In Minnesota, “an employer may not discharge an employee for whom a positive
drug test result . . . was the first such result for the employee
on a drug or alcohol test requested by the employer” unless the employee has
been given the opportunity to participate in and complete a drug counseling
or rehabilitation program.