However, even if the testing was done incorrectly but urts won’t protect employees at-will from being terminated because they violated their rights. Yet, discriminatory treatment claims could be possible when the drug tests results of similarly situated employees lead to one being dismissed while another got a lighter treatment upon protected class traits. Additionally, employers who discharge unionized employees for positive tests for drugs often find the decision to be overturned by arbitrators because the testing was not conducted in compliance to contractual obligations. The majority of courts accept arbitrators’ decisions to reinstate unionized workers who are positive.
Results of tests for drugs can be extremely sensitive and have to be respected. Anyone found guilty of disclosing information will be punished. A lot of employers offer support programs for people who have been through substance abuse programs as well as offer them the chance to re-enter the workforce. afp6ts3bdi.