Question

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

A --------  YES

B ---------  NO

Answer 2

Whether or not it is retaliation, the employer violated Section 1904.35(b)(1)(iv) which "prohibits an employer from taking adverse action against employees simply because they report work-related injuries." Employers must have a reasonable belief that drugs were involved in, and led to, the accident.