Senegoid Do I understand you to say that you can only sue for discrimination if you are a member of a protected class? For instance, Company A says that you can no longer have unseen tattoos. They require all employees to be examined for tattoos. You are then fired for having a tattoo on your ass. No redress because of unprotected status as a fan of cosmetic ass alteration?
Around half of states explicitly list smokers as a protected class. I don’t know if any of those laws apply to all forms of nicotine, but it would be very risky, in one of these states, to fire someone for testing positive for nicotine because it might hypothetically be from an e-cigarette instead of smoking tobacco.
Wow. Surprised to see smokers can be a protected class. Would have bet against that being true.
positive for hallucinogens, then?
One fact worth mentioning is that a positive test for THC in no way proves impairment at work. THC dissolves in lipids and can linger in the body for months. A person’s usage could be occurring privately on that persons own time and have zero effect on work performance. Yet they would still test positive.
With regards to the anecdote above, it doesn’t seem like a sound business decision to dismiss someone who is otherwise an exemplary employee for a positive test. Seems like a waste of resources: wasted training, wasted money on the test, and the loss of an employee who seemed to be valued right up until he pissed in the cup.
Or excessive use of dietary supplements…
In the business I’m currently in (casino) drug abuse is a huge problem, given the amount of cash we handle every day anyone with enough THC to test positive or any other illegal drug is fired, or alcohol while on the job. Yes we have fired people who had alcohol in their system and this casino is alcohol free. For certain LEGALLY prescribed drugs, we have the person take time off, yes they get paid for the safety of others.
Given that marijuana remains illegal under federal law and that we can’t know when he used it is a health and safety issue. While he may have been a exemplary employee, he KNEW the rules, the same rules that everyone here works under.
Here’s a question for you would you be willing to go under the knife for brain surgery if the surgeon had a little marijuana a few hours before?
If my brain surgeon had a little marijuana a few hours before operating, he could very well test negative. (Scroll down in the linked page to “Time to first positive test.”) Unlike an alcohol breathalyzer, which actually detects alcohol, a urine test for marijuana detects marijuana metabolites. They don’t show up right away.
I was drug tested for most of my security jobs, but not all. One of them just said “Well, you were tested for your last job, so we’ll assume you’re good”.
Saw a few people fail those, usually for marijuana.
When I worked Armored, one person went out deer hunting with his brother over the weekend immediately before he knew he was going to be tested (renewing his Class B drivers license) and chose to smoke pot. He failed and was fired, after like 10-12 years on the job. No one had any sympathy because damn, the guy knew he was being tested that Monday and he went out and did that?
Back around 1990 the company I worked for deliberately changed over most of their IT managers for new blood. One of the new managers said to one of the few who kept their job “We should institute drug testing around here!” The other one said “No, because we don’t want to have to fire half of our staff”. The first manager tried to press the issue and was unceremoniously shot down by pretty much everyone. Senior management wasn’t stupid, they knew it was very common in IT.
My husband has to sign something every year when he renews his insurance, affirming that he is not a smoker. He has several tests, for cholesterol, triglycerides, blood sugar, etc., and one for the presence of nicotine to make sure he isn’t lying in his affirmation. He gets a lower rate for not being a smoker, and also for having a BMI in a certain range, but the one for not being a smoker is much more significant. He works as a lab tech in a hospital, so drug tests happen only when drugs go missing, or there is some kind of gross negligence that appears to be systemic, and then there might be testing for a few weeks. They are never specifically looking for nicotine, but if it comes up, they may cross-check it with what he put on his policy. He can get back billed for the difference, unless he can convince them he just recently took up the habit.
People have been fired for testing positive for nicotine. It seems like thetrend started with hospitals ("we want to promote good health practices, etc. etc.). Even in states with laws that protect smokers, some of them exempt the health-care industry.
The hospitals I worked in required a drug screen as part of the pre-employment physical for all employees, even the ones who had nothing to do with patient care, and they did random screens too.
The one employee I knew of who was chosen for a random screen was probably the most likely out of all of them to potentially fail, too, but to the surprise of more than one person, she did pass. :o
p.s. At that particular employer, I wanted two co-workers tested because they were acting very bizarrely in the cafeteria, but employee health wasn’t open at the time.
This joke was a lot funnier when Berkeley Breathed did it in Bloom County, 30 years ago.
How ironic is it that one of the ads I got when I read Cecil’s column was for “Workplace Drug Screening”?
The presence of nicotine doesn’t mean someone is a smoker though, they could be using a vaporizer or patch or gum or any other delivery method none of which carry smoking health risks.
There are some people using nicotine who have never smoked, to self medicate for ADHD for example. You can find it with google.
Conversely, would you be willing to go under the knife for brain surgery if the surgeon hadn’t had her morning coffee & cigarette?
I don’t even like being in the car with people in nicotine/caffine withdrawal, much less under the knife.
Personally I would like it if the medical school he went to had drug tested him. Who knows if he was high when they covered how not to leave your watch inside a patient.
I know of two people who lost their jobs over work drug tests.
Both office workers on government contracts.
First, a woman who say next to me. She told me she was set up by a former friend. They had had a fight, the friend called to make up and hang out, and got her to share a joint as a makeup act, then called up the job and dropped a tip. My thought: it probably wasn’t her first joint.
Second, a man working for a subcontractor got the opportunity to come over to the prime. Standard hiring screen caught painkillers (opiates? ) he didn’t have a prescription for. He said it was his wife’s, who did have a prescription, and he took one when he strained his back. Stuff in the medicine cabinet is fair game, right? Didn’t matter, lost his job.
There was another guy who mysteriously disappeared, no notice or anything. I suspect it was a drug catch, but I have nothing to go onto base that except a complete lack of explanation. He didn’t die - I’ve seem him since. Not that I wanted to talk to him enough to ask.
Here’s the plan … collect urine samples from every employee, make it look all official-like … couple days later announce there was a slight problem in the paperwork, so the samples were dumped … “but we’ll try again soon” … saves money.