In Texas, there are no laws barring employers from requiring drug testing. This means that employers can require employees and prospective employees to submit to drug testing at any stage during the hiring or employment process. However, there are certain important legal protections afforded to workers when employers do require their employees to submit to drug tests, and employers have a responsibility to conduct drug tests on prospective and current employees fairly and accurately. For example, if an employer fires you as a result of a drug test, the employer must still comply with all laws regarding discrimination on the job. There are situations where workers may fail drug tests for good reasons (such as when a worker with an illness must take certain prescription drugs that are illegal on the street). If you believe you were wrongfully terminated because of the result of a drug test, or were wrongfully denied a job because a drug test result, Moore & Associates are employment lawyers in Houston, Texas who may be able to help you.
Disability Discrimination and Drug Test Results in Texas
An employer is not permitted to fire a worker or fail to hire a worker because drug test results reveal that an employee is taking certain types of prescribed medications or because drug test results reveal a condition that an employee might have. For example, if your doctor prescribed opiates for pain management, and a drug test reveals positive results, a potential or current employer cannot deny you employment or fire you for these results. Of course, there are certain exceptions to this rule—for example, if you are a truck driver or work in the oil industry in a field where there are safety regulations in place and health requirements for workers, then a drug test result could potentially disqualify you for the job. If you believe you have been fired or denied a job because of a drug test result that revealed your prescription medications to your employer, you may have the right to fight back. Moore & Associates are employment lawyers in Houston, Texas who work closely with clients to help them protect their rights if they have faced discrimination on the job due to the results of a drug test.
Discriminatory Drug Testing in Texas
If an employer performs drug tests on its potential hires or its employees, it must do so in a uniform and fair fashion. For example, your employer cannot only single out men, people of color, or people of a certain ethnic background for drug testing. This is discriminatory and can result in penalties. If you believe you were wrongfully singled out for drug testing, you may have an employment discrimination case. Moore & Associates are employment law attorneys in Houston, Texas who may be able to help you. Contact our attorneys today to learn more.
Invasion of Privacy Claims
Employers who perform drug tests must do so in a consistent fashion that protects the privacy of their workers. For example, the drug testing should be conducted in private and in a dignified fashion. Your employer may also have a duty to ensure that test results are accurate. False positive results that lead to lost jobs and damaged reputations can open your employer to lawsuits. If you were falsely accused of failing a drug test, you may have a claim against your current or former employer. Moore & Associates are employment law attorneys in Houston, Texas who can assist you if you were falsely accused of failing a drug test for employment purposes. Failing to handle the results of a drug test in a delicate fashion, especially when test results can reveal medical history or a medical condition can also be considered an invasion of privacy. If, for example, your drug test results reveal you are taking pain medication, your employer must handle the results with care, privacy, and caution.
Protect Your Rights and Reputation
While the testing of potential and future employees for drugs is permitted in Texas, employers have a responsibility to perform the tests fairly, accurately, and in a manner that doesn’t violate employment discrimination laws or an employee’s rights. If you believe your rights were violated, you may have the right to fight back. Contact Moore & Associates, employment law attorneys in Houston, Texas today to learn more about your rights and options when it comes to drug testing. If an employer is asking you to submit to a drug test, but you believe your employer is doing so in a discriminatory fashion, consider reaching out to Moore & Associates today. Our employment lawyers may be able to assist you with either making a claim, or seeking damages for your lost wages.