![]() That is a helpful fact, because then the presence of any drug in their system-particularly in the second test-is persuasive evidence of intentional illicit drug use. Often, the plaintiff in false-positive drug testing cases will specifically disavow any exposure to drugs. This is typically a claim of exposure to secondhand smoke, or living with a drug user, but it is also sometimes claimed by a law enforcement officer who interacts with drugs in the course of his or her employment. ![]() First Stepsįirst, it is important to establish whether the employee or applicant is claiming that he or she was exposed to drugs in the environment. This article offers some helpful tips in defending against such claims. Often such a suit is brought after an employee or applicant fails one drug test and then passes a second drug test that they secured on their own. Regardless of the complexity posed by these changes, one thing remains the same: People will fail drug tests and sue, claiming that they never used drugs and that the administered drug test was faulty and/or discriminatory. Employers are navigating this increase, disability and discrimination issues, as well as state-level job protections for some medical and recreational marijuana use. Per the Quest Diagnostics drug testing index, the workforce drug testing positivity rate hit its highest rate in 16 years in 2019, with marijuana drug-test positivity showing double-digit increases. Drug testing is increasingly complicated for employers.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |