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  #1 (permalink)  
Old 10-25-2006, 04:02 AM
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Angry Is this discrimination

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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  #2 (permalink)  
Old 10-25-2006, 09:04 AM
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Default

Quote:
Originally Posted by myline
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.
Uh, basically her lack of testing has nothing to do with the fact that YOU tested postive. You dont have a leg to stand on - you were using and got caught.
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Old 10-25-2006, 06:19 PM
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your right i broke the rules and paid the price said and done. She broke the rules and it is suppost to be ok. maybe in your eyes but the set of rules i signed said all employees not some.
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Old 10-31-2006, 03:09 PM
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Default

Quote:
Originally Posted by myline
your right i broke the rules and paid the price said and done. She broke the rules and it is suppost to be ok. maybe in your eyes but the set of rules i signed said all employees not some.
I didnt say it was right, it just happened that way
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  #5 (permalink)  
Old 11-12-2006, 10:18 PM
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Join Date: Nov 2006
Posts: 5
Default It depends on whether there is a reason why you were tested.

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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