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The federal appeals court in Turner v. Phillips 66 Co., Case No. 19-5030 (10th Cir. Oct. 16, 2019) upheld the termination of an employee who tested positive for amphetamines on a random drug test even though he claimed the result was due to over-the-counter drug use. A random drug test was conducted by Phillips 66 Co. on employee Richard Turner and just three days later, he submitted to a post-accident drug test following a workplace accident. The initial random test yielded a positive result, which the defendant claimed was due to his use of Sudafed. He appealed the company’s termination decision and followed a denial with a discrimination charge with the Equal Employment Opportunity Commission (EEOC), alleging disability discrimination in violation of the Americans With Disabilities Act (ADA).

 

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Post By Ken Shafton (848 Posts)