Question 1 of 2 Dana was required by her employer to take a drug test after Dana reported work-related carpal tunnel syndrome. Her employer had no reasonable basis for suspecting that drug use could have contributed to her condition and it had no other reasonable basis for requiring her to take a drug test. Rather, her employer routinely subjects all employees who report work-related injuries to a drug test regardless of the circumstances surrounding the injury. The state workers' compensation program applicable to the employer did not address drug testing, and no other state or federal law requires the employer to drug test employees who sustain injuries at work. Did the employer subject Dana to a drug test to retaliate against her for reporting a workplace injury?

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Question 1 of 2 Dana was required by her employer to take a drug test after Dana reported work-related carpal tunnel syndrome. Her employer had no reasonable basis for suspecting that drug use could have contributed to her condition and it had no other reasonable basis for requiring her to take a drug test. Rather, her employer routinely subjects all employees who report work-related injuries to a drug test regardless of the circumstances surrounding the injury. The state workers' compensation program applicable to the employer did not address drug testing, and no other state or federal law requires the employer to drug test employees who sustain injuries at work. Did the employer subject Dana to a drug test to retaliate against her for reporting a workplace injury?

Answer 1

Yes, the employer's action of routinely subjecting all employees who report work-related injuries to a drug test, regardless of circumstances, suggests that Dana was not singled out based on a reasonable suspicion. Therefore, it could be argued that the employer's drug testing policy appears retaliatory against employees reporting workplace injuries, including Dana.

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