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  • This is a labor law issue that might be state specific. In general, it would be my thought that they COULD do this - provided drug tests are something provided for in the personnel rules or union contract.

    If he looks unhealthy or in such a way that it could give rise to a reasonable person that he might be using drugs, then even if they are wrong they can fall back on a theory of reasonable belief. If he feels strong enough to take legal action, he should probably consult an attorney that specializes in this area of law. On the face of it, I don't see any cause of action ... but, there may be details that an attorney can run with.

    In any event, the matter could have been handled better. The request SHOULD have been made in private and not in front of an employee gathering. Unless that is the typical manner of making drug screen requests, I'd say that there might be an angle there.

    Good luck.

    - Carl
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