Employers can legally test employees for illegal drugs under certain conditions, but a Tennessee employer has found itself as the defendant in two suits alleging unfair and unlawful testing for prescription drugs. This article outlines what could be a warning to many employers about what can be done and what can cross a line.
"The fundamental question is, 'Was the testing job-related, and was there some business necessity to implement the testing program?' " Pattison said. "As a general rule, you can't just ask someone, 'Are you taking prescription medications?' "
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