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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18808
Experience:  Employment/Labor Law Litigation
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I was sent foe a preemployment drug screening. I have had

Customer Question

I was sent foe a preemployment drug screening. I have had several with this company as I have worked many projects with them in the past 10 years. I had no indication I would also be taking a BAT test and have never had to take one in the past. I failed the BAT test. Is there any chance I can get this thrown out since I was not working yet nor did I know this test was to be given.
Submitted: 10 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 10 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Unfortunately no, there is nothing in the law that says that they must give you advanced warning of what will be tested for during such a test.

It's also not illegal for an employer to make employment decisions based on a BAT test during a pre-employment physical. The employer has that option and the law simply doesn't restrict the employer in that way. Unlike a prescription medication, where you could claim some sort of ADA discrimination, that does not apply here.

I wish I could tell you differently, but this is a very common place action across the employment field. While you've not experienced this with this particular employer before, it is well-settled law that employers can do so (they have been doing so for at least a decade now) and you may see this more often in the future.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter

Expert:  Allen M., Esq. replied 10 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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