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  1. #1

    Default Inconsistent Requirement for Drug Testing After an Employee Damages Company Property

    My question involves labor and employment law for the state of: Virginia

    My company just implemented a new drug free workplace policy. I'm concerned that the policy could lead to lawsuits based off number four in the following:

    Any accident, including the following, will result in a drug and/or alcohol test:

    1) A fatality
    2) An injury that requires medical attention away from the scene of the accident
    3) An injury that results in lost work time
    4) Damage to Company property.

    Everything in the warehouse would be company property, I would assume. Product is dropped and damaged daily. My company deals with fragile product that is being moved by hand, a lot. So, if someone drops a box, they would need to go take a drug test, right? If we did this, we would be understaffed on a consistent basis. Like I said, company property is damaged on a daily bases by most of the crew because of the nature of the job.

    We will also start doing randoms under this new policy. Here's a scenario of what I'm worried about: John Doe has to go take a random and is popped for an illegal substance. Jane Doe dropped three boxes the day before but wasn't drug tested for damage to company property. John Doe files a lawsuit for discrimination, since under the policy, Jane Doe should have had to take a drug test.

    Would that be grounds for a lawsuit?

    I love the company I work for and don't want to see them get sued. I worked my way up from the bottom and feel very fortunate to have the job I have without a college education. I want to make them aware of this if it could in fact lead to a lawsuit.

    Thanks for your time.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Drug Test Discrimination Concern

    The policy is not, on its face, discriminatory. John would have to show supportable and verifiable evidence that he was, or Jane wasn't, sent for a drug test FOR NO OTHER REASON than that he is male or she is female.

  3. #3
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
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    35,894

    Default Re: Drug Test Discrimination Concern

    They'd probably be better off stating very clearly that any accident causing one of those 4 things MAY result in a drug and/or alcohol test.

  4. #4

    Default Re: Drug Test Discrimination Concern

    Thank you both for your quick replies.

    I can see now where it wouldn't be a discrimination case. So, could the scenario I listed still bring a lawsuit under something else? Would they have a leg to stand on or would they more than likely lose?

    Thanks again.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Drug Test Discrimination Concern

    Outside of the circumstances already described, they would have no case to bring.

    If you follow Doggie's suggestion and say that any of these situations MAY result in a drug test instead of that it WILL, you should be fine.

  6. #6

    Default Re: Drug Test Discrimination Concern

    Thanks again guys for the help. I will make my company aware of the possible issue.

  7. #7
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Drug Test Discrimination Concern

    Quote Quoting Dogmatique
    View Post
    They'd probably be better off stating very clearly that any accident causing one of those 4 things MAY result in a drug and/or alcohol test.
    If that's the intent sure, but it's not discriminatory even as stated.

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Drug Test Discrimination Concern

    No, it's not. But if an incident such as the OP should ask about occurs, the employer is on firmer ground if the policy says MAY instead of WILL.

  9. #9
    Join Date
    May 2014
    Posts
    211

    Default Re: Drug Test Discrimination Concern

    Ummm...they can put "May" in the policy if they wish but it will lead to more issues. The easiest way to enforce this policy is to have a "no tolerance" policy.

    A drug user drops a box and doesn't get tested. A good employee hits the side of a building and is drug tested. The good employee has a gripe because they elected to dismiss one incident and not another just because of the amount of damage. A few months down the road, the druggie runs over another employee and kills him. Finds out this was preventable if the company followed its drug testing policy.

    You could put a monetary allowance in the policy, but how can you ignore an issue because of the amount of damage to an object?

    The only people this hurts are drug users who are already in violation of company policy I am sure.

  10. #10
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Drug Test Discrimination Concern

    Quote Quoting Guybrush
    View Post
    Ummm...they can put "May" in the policy if they wish but it will lead to more issues. The easiest way to enforce this policy is to have a "no tolerance" policy.

    A drug user drops a box and doesn't get tested. A good employee hits the side of a building and is drug tested. The good employee has a gripe because they elected to dismiss one incident and not another just because of the amount of damage. A few months down the road, the druggie runs over another employee and kills him. Finds out this was preventable if the company followed its drug testing policy.

    You could put a monetary allowance in the policy, but how can you ignore an issue because of the amount of damage to an object?

    The only people this hurts are drug users who are already in violation of company policy I am sure.
    Ummm...did you read the original post?

    ...The original post is pretty clear - they WANT to adopt the "drug free" policy. The OP is asking if it's fair for him to have a test after a minor mishap, when Jane didn't have to even though she made the same mistake.

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