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In Ritchey v. Sound Recovery Centers, LLC, a Washington appellate court upheld a jury’s verdict that an employer’s drug testing protocol requiring direct observation of urine collections did not invade an employee’s privacy and did not constitute a constructive discharge. The employee in the case refused to submit to her employer’s new drug testing protocol that required employees to choose between two options: observed testing and unobserved testing and was asked to leave the workplace until she agreed to the testing. The employee did not return and later filed a lawsuit, alleging the employer failed to accommodate her Post-Traumatic Stress Disorder (PTSD) in violation of the Washington Law Against Discrimination, terminated her employment in violation of Washington public policy, and wrongfully withheld her wages. She also claimed that she was constructively discharged.

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Post By Ken Shafton (887 Posts)