It’s fairly easy for an employee to prevail in a discrimination lawsuit if his employer doesn’t treat similarly situated employees equally. That’s certainly true of employees accused of substance-abuse violations.
Advice: When you offer employees a chance for drug or alcohol treatment and rehabilitation, make sure you treat them fairly. There’s nothing wrong with telling recovering employees they may be randomly tested for drugs or alcohol without notice.
You can even use a “lottery” system that results in some employees being tested more often than others. For example, you could put the names of all recovering employees in a hat and conduct a drawing for those employees who will be tested today. The result may be that a particular employee undergoes extra tests, but the reason won’t be discrimination, because the hat draw gave everyone an equal chance at being selected.
Recent case: Philadelphia schools employee Barry Young...(register to read more)