Is it discrimination if I am the only one that had to do a UA before getting hired onto our local quick shop?

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Is it discrimination if I am the only one that had to do a UA before getting hired onto our local quick shop?

I had to give a UA before being hired on at the local quick shop, and none of the other employees had to? This is just one of the many things messed up things our store manager does.

Asked on May 2, 2019 under Employment Labor Law, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

It MAY be discrimination if you belong to a different racial group, come from a different country, are a different sex, or are a different color than the employees whso did not have to do this, since in that case, having you do the test but not the others suggest they were discriminating against you becaue of a protected characteristic, such as race, national origin, color, or sex. (The other main protected categories are disability, age 40 or over, and religion.)
But if the motivation for this is not discrimination against a specifically protected group, then having you do the test is not discrimination. So say you have a prior record of drug offenses which they are aware of in some way--it's not unreasonable to test you. Or say that you will drive a company vehicle and the other employees do not--then again, since you'll be driving for them, its reasonable to test you.
So the issue is not that only you were tested--it's why does it appear that only you were tested? If tested for a discriminatory reason, it is employment discrimination.


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