When is random drug testing not random?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
When is random drug testing not random?
My husband works in Ohio for the city, is in the
union, and they have sent every person in his
department for random drug testing without any
notice or explanation of why. He was at a card game
a few days before he was picked for his test where
people were smoking so much pot that he felt high
and had to leave. He didnt think much of it because
he wasnt actually smoking it himself but ended up
testing positive because of it and is now facing
disciplinary actions. Not saying he wasnt in the
wrong for putting himself in that situation knowing
they were currently drug testing at his work, but if
they are sending everyone in the department, how is
that random and is it legal? Could he fight it any
way?
Asked on August 6, 2019 under Employment Labor Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Based on what you write, the drug testing was legal. Therefore, there is moat likely nothing your husband can so. In the future, if his friends pull out pot to smoke, he may need to leave immediately, before they light up.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Random does not mean it can't be everyone in a department or even in the entire company, such as at a random date (i.e. they randomly decide when to test, instead of having tests done at set intervals). It just means it is targeted at specific individuals due to either their actions or some characteristic such as tgeir race or ethnicity.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.