Originally, drug testing occurred in high-risk occupations, such as pilots, train conductors and machinists. Recently, the use of random drug testing has expanded into other industries to individuals who do not handle dangerous equipment or otherwise place the public at risk. The laws continually change to accommodate shifting attitudes about drug use, privacy rights and employment conditions.
The New York employment law firm of Maduegbuna Cooper LLP uses our extensive knowledge about civil rights and labor laws to represent employees and employers in random drug testing cases. We advise clients throughout the country on their rights and have handled random drug testing cases that resulted in multi-million dollar verdicts and arguments on appeal in New York, Washington, D.C. and Georgia. See, e.g., “Jury Awards $2.5 Million for Non-Random Selection of Airline Employee for DOT Drug Testing” Jury Verdict Reporter, JVR No. 810230, 2005 WL 6430457 (E.D.N.Y., 2005) Read More; “U.S. Drug Test Act Does Not Bar Torts”, New York Law Journal, November 24, 2003, Read More.
All types of drug testing invade your privacy. Urine, blood, hair and breath analysis require intrusive — and sometimes uncomfortable and painful — collection methods. Whether your workplace has a right to subject you to these procedures depends on crucial factors governed by state and federal law. If your employer demands drug testing outside the scope of the law, you have recourse. For example, your employer never has the authority to use drug testing as a form of discrimination, harassment or retaliation — in which case, you may have a valid civil rights claim. You can also fight the serious implications of a negative test result by proving that the specimens were improperly collected or negligently handled or that the testing science is itself flawed. We clearly explain your rights involving random drug testing and advise you on challenging positive test results.
As an employer, you have a duty to create safe, healthy workplace conditions. You also must comply with government standards for public safety. An injured worker can cost you a considerable amount of money because of diminished productivity and workers compensation claims. If your employee injures another person or causes environmental or property damage, you risk expensive lawsuits and harm to your company’s reputation and value. These considerations create reasonable incentives to stop drug use by your employees. Our lawyers help you draft policies for drug testing that comply with federal and state laws.