To state a viable due process claim, Plaintiff was required to show that she had a constitutionally protected liberty or property interest. Plaintiff ultimately failed to state sufficient facts reasonably to claim that she held any liberty or property interest at issue in the action. The District Court determined that the conditional offer of employment could not support Plaintiff’s claim of entitlement to employment because Plaintiff had no reasonable expectation of entitlement to the job at the time Richmond Public Schools rescinded the employment offer. Additionally, the District Court found that Plaintiff failed to state a claim under the “stigma-plus” standard, set forth by the U.S. Supreme Court in Paul v. Davis, 424 U.S. 693 (1976), necessary to establish a deprivation of liberty within the meaning of the Due Process Clause. The District Court explained that Plaintiff failed to identify any false statements made by Richmond Public Schools that … [Read more...] about Applicant Who Failed Pre-Employment Drug Test Could Not Show That Public Employer Violated Her Due Process Rights or Title VII
What happens if you fail a workers comp drug test
A deaf employee who tested positive for hydrocodone – but could not produce a prescription for the drug – was not discriminated against due to his disability when his employer fired him. Phillips v. PPG Industries, Inc., Case No. 5:14-CV-1274 (N.D. Alabama Nov. 24, 2015). … [Read more...] about Deaf Employee Who Was Fired For Positive Drug Test Result Could Not Show Disability Discrimination
Colorado courts have disagreed with the plaintiff thus far, however, dismissing his complaint at every turn. Though Colorado is only one of two states to have legalized marijuana for both medicinal and recreational purposes, the drug remains illegal under federal law. It is for this reason that Colorado’s district and appeals courts held that the plaintiff’s use of marijuana was not a “lawful activity” covered by Colorado’s off-duty conduct law. … [Read more...] about Colorado Supreme Court Set To Decide Seminal Drug Testing Case
The NSC’s report identifies 15 court cases from 2009 through 2015, where an employer was sued because of the prescribed use of opioids to treat workplace injuries. The report concludes: “The widespread use of opioids in the general population, but more specifically among injured workers, puts more injured workers at risk for addiction and fatal overdose. Courts have ruled that in many circumstances addiction and death arising from opioids prescribed to injured workers is compensable.” … [Read more...] about Prescription Drug Overdoses May Be Compensable Under Workers’ Comp
Then there is the matter of existing state testing laws. Many states have passed them, often with the specific intention of reducing workplace injuries and workers’ compensation costs. In Minnesota, for instance, which since 1987 has had a “mandatory” law applicable to any employment-related drug testing conducted in the state, reasonable suspicion testing, among other things, may be established where “the employee sustained a personal injury, as that term is defined [elsewhere in the law], or has caused another employee to sustain a personal injury,” or where an employee “has caused a work-related accident or was operating or helping to operate machinery, equipment or vehicles involving a work-related accident.” (Minn. Stat. §181.951(subd. 5)). And in Florida, which has a “voluntary” drug testing law to which employers must adhere if they wish to benefit from a reduction in their workers compensation … [Read more...] about Trouble Ahead For On-the-Job Post-Accident Drug Testing?