Can you sue an employer for singly you out to take adrug test and background check?
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Can you sue an employer for singly you out to take adrug test and background check?
No one else has to take it.
Asked on October 6, 2011 under Employment Labor Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It depends on the circumstances:
1) If it's a random test, and it just happens that your name or number came up, it's probably legal.
2) If there is some reason to think they should test--e.g. you had an accident at work or in company vehicle--it's probably legal.
3) If they are singling you out because of your race, sex, religion, age over 40, disability, etc., then it is proably not legal, since it would be employment discrimination.
However, bear in mind that lawsuits can be expensive, but the amount of money you could recover in a lawsuit is related to the injury, damage, or loss that you suffered. If you were fortunate enough to not have any injury other than having to take the test, there probably is nothing worse suing about.
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