Eagle Eye Screening
Key Takeaways
- Employers have a right to demand that employees are not under the influence of drugs while at work, and they are allowed to use drug testing to enforce that right.
- Under ADA, employers generally must make reasonable accommodations for employees who take drugs for medical conditions.
- The specifics of employers’ and employees’ rights around drug testing vary across states and municipalities. Employers and CRAs must be aware of local law.
- If an employee is terminated for drug use, the employer must do so via a process that is fair and equitable and protects the rights of the employee.
What Is Wrongful Dismissal Due To a Failed Drug Test?
While employers are entitled to conduct drug testing, it is mandatory that they use the results in a manner that complies with federal, state and local law. They must be cautious to avoid wrongful dismissal. State and local laws vary, but there are some rules that are consistent across jurisdictions.
When an employee fails a drug test, the employer may not rightfully terminate the employee under the following conditions:
- If the drug test procedures were faulty or the test results were interpreted incorrectly.
- If the employee is terminated for off-duty use of marijuana in a state where such termination is forbidden.
- If the drug test process is discriminatory.
- If drug testing and dismissal was a retaliatory act on the part of the employer.
- If the employer fails to follow state and local laws regarding drug testing and dismissal.