Services For The Disabled: Drug Testing In Texas
It is important that disabled workers are aware of their rights regarding workplace drug testing in Texas.
A lack of specific regulations means it is easier for employers to force disable workers to submit drug tests, including hair drug tests, which can detect drug use prior to the first date of employment (learn more at http://hairfollicledrugtest.info/hair-follicle-drug-testing-faq/)
In many cases, these tests will be fair and above board. Companies will explain the reason for the test and treat the procedure and result in a fair, confidential manner. Then there are the organizations that take advantage of these loose laws to discriminate and express control over employees.
Workplace Drug Testing Laws In Texas
Texas’ workplace drug testing laws are different from those of many other states. This can catch out a lot of workers that have moved to the state or relocated to a new position. Most states have regulations on a workplace drug tests that limit the actions of an employer.
These laws are in place to shield the rights of workers and stop private employers from taking advantage of their staff. Texas is different. Here employers are free to request that their employees take part in drug testing.
There are still legal requirements to meet when it comes to the nature of the test and potential employee discrimination. However, these state laws mean that employee drugs tests and medical testing fall into something of a gray area. There are four key areas of interest here:
- Invasion of privacy
- Disability discrimination
- Other discrimination issues
Giving a sample is not seen as an invasion of privacy if the employer has due cause to request a test. This legal claim depends on the way that the test is given out. Was the employee single out in a public way?
Were employees made to take tests in front of each other? Defamation occurs when the employer makes false results public. If employers are lying to staff about results, this is grounds for a legal claim.
Discrimination Against Race, Gender, And Disability
The biggest issue is discrimination. A department-wide drug testing scheme is excellent with the consent and good faith. The problem comes when employers target the women, disabled or those of a particular race for “random medical testing”. Employees that can prove this motive may have a legal claim.
Medical testing services for disabled workers are to be handled with the same professional care as any other employee. Any prescribed medications should be disclosed before any testing. Most labs are aware that some medications will result in a positive result.
Certain illegal substances that are medically prescribed could cause a problem with employers that are not sensitive to the situation of their employee. Companies that dismiss an employee on these results could face legal action.
Disabled workers in Texas need to remember that the Americans with Disabilities Act is enforced across all states. It is there to protect citizens and provide services for disabled workers in cases of discrimination.
This means that it is a vital tool when dealing with unregulated workplace testing in Texas. Know the laws, know your rights and question workplace tests that don’t seem to be fair.