The male workers have been tested numerous times. We have about a 5% female work force. Our total work force at this location is about 500 employees. I talked with the female employees, and many of them have been there for 8+ years, I have yet to talk to one who has had to take a random test. The next time I get chosen for a random test, If I refuse and am fired for doing so. Can I sue for sexual discrimination?
Random drug testing is typically based on company policy or contract. Depending on those policies or contracts, if you refuse a drug test the employer will likely have a valid, legitimate, and non-discriminatory reason for terminating your employment. I would recommend you consult with any employment attorney in White Plains, NY to determine the best strategy to employ in researching and addressing the alleged discriminatory application of the drug testing policy. The ultimate goal should be to avoid the cessation of employment as that will have far reaching, negative effects on your income stream and benefits.
This informational blog post was provided by Avvo and answered by Kim Berg, an experienced New York Employment Lawyer. This does not consent an attorney client relationship.