Do you have employee drug testing and wonder what they do with the results? Here is some more information on the topic.

Courts are reluctant to protect at-will employees from termination based on drug tests, even if the tests were conducted improperly. However, disparate treatment claims are possible if the drug tests results of similarly situated employees lead to one being terminated while the other one had more lenient treatment based on protected class characteristics.

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Also, employers that discharge unionized employees for positive drug tests sometimes find their decisions are overturned by arbitrators because the testing was not done in conformance with contractual requirements. Courts have generally upheld the decisions of arbitrators to reinstate unionized employees testing positive.

Drug test results are sensitive information and should be treated as such. If anyone is found guilty of sharing information, they violate their privacy rights and will face a type of punishment. Many employers also provide employee assistance programs to help employees with substance abuse programs and give them second chances.

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