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I was terminated from work because of a post accident drug screen I tested positive on. I have found out that a week or too after my accident another employee also had an accident and was not given a post accident drug screen.
My question is would this be consider discrimination and how would I go about proving it. This came out of the said persons mouth but when ask to testify to the fact it may be a different story. There was said to have been a memo sent out to all department heads about the issue of her not testing but I never seen it. Is there a way to make them present the memo for my review, Or her accident report. I need to know if I have a case and if so how do I go about handling it. ![]() |
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I believe (correct if Im wrong) that a test for drugs is not actionable. Perhaps if there are additional facts that show you were chosen to be tested because of some factor such as ***/religion/national origin/race/color/disability, then you could possible have a discrimination case under Title VII or ADA. However, a single incident like drug testing would probably be insufficient.
Hope this helps! |
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