Tag: Drug Test


Positive drug test didn’t create ADA ‘regarded as’ claim, 8th Cir. says

March 6, 2019

Via: HR Dive

The “regarded as” prong of the ADA’s definition of disability protects an individual from discrimination based on an employer’s belief that he or she has a disability. And while the standard has deep roots in the statute, the ADA Amendments […]

Research, Software

Employee’s Refusal to Take Drug Test Dooms Discrimination Claim

January 18, 2018

Via: Workforce

Can an employee, terminated for refusing to submit to a “reasonable suspicion” drug test, sue the employer for discrimination? According to one recent federal district court opinion (and good ol’ common sense), the answer is no. James Tombeno worked for […]