Can you sue an employer for singly you out to take adrug test and background check?

UPDATED: Oct 6, 2011

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.

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 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.

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