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I was sent foe a preemployment drug screening. I have had…

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I was sent foe a...
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: 2 years ago.Category: Employment Law
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Answered in 4 minutes by:
1/23/2016
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 years ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,636
Experience: Employment/Labor Law Litigation
Verified

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

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Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 years 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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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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