Q: I've worked my job 2 years and have been drug tested 4times.I know people who have worked 10 years and have never tested
We have a random drug testing policy which is fine. My issue is with the frequency of testing. I feel singled out and racially profiled. As stated I know several other employees who have been with the company 10+ years and have never been tested
A:
That's always possible but what's the adverse employment action? Demotion, non-promotion, termination, etc.... reduction in pay, other discrimination. And what are your damages and how would you prove them?
Don't get me wrong. You could very likely be a victim of discrimination. But if you tell me that you operate heavy or dangerous equipment or can affect public safety in a very serious way, does your employer have a legitimate, non-discriminatory reason to test you? Remember that it's all about motivation of your employer who is selecting you for testing.
You have provided no additional evidence that the testing is motivated by race. Are you absolutely certain that the 10 year employees are telling you the truth? How would you know if they were tested repeatedly 6 or 8 years ago and then after you arrived, those who have worked without incident for 5 or more years are no longer tested? How will you prove the testing is not random if they simply pull names out of a hat and their names have never been pulled? Would that be motivated by discriminatory animus? Maybe it is and maybe it's not. These cases are NEVER easy. We spend hours and hours interviewing potential clients then hours and hours obtaining more facts while the case proceeds; assuming we have accepted the case.
Here's a link that might help: https://www.blr.com/HR-Employment/Performance-Termination/Alcohol-and-Drugs-in-New-York
Most of us will ask you the above. What's the adverse action, what are your damages, and what type of evidence will we be able to prove that the testing is motivated by race. Now, if you tell us that only members of minority employee classes are being tested, you definitely have our attention. Good luck. Pay a law firm for a couple hour consultation if you really want a skilled employment lawyer to dig deep into every possible avenue of discriminatory animus which might be worth the investment. That way you know the law firm took your suspicion seriously and you have a legal opinion which might confirm what you believe? If you thought you had cancer, would you rely on a physician's consultation which cost nothing? If so, why?
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
