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Discrimination?

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djdavis

New member
Is it discrimination if I am the only one that had to do a UA before getting hired onto our local quick shop?
I had to give a UA before being hired on at the local quick shop, and none of the other employees had to. This is just one of the many things messed up things our store manager does is it discrimination?
 


Taxing Matters

Overtaxed Member
Any time you are treated differently than someone else for whatever reason there is discrimination, i.e. the act of making or perceiving a difference. For example, choosing to hire an applicant with a 4 year college degree over one with a two year college degree is treating the more educated applicant differently than the lesser educated applicant and thus is discrimination in favor of the more educated applicant. Doing that is, of course, perfectly legal. Indeed most discrimination by an employer is legal.

It is only illegal discrimination if the reason for treating you differently is one that the law prohibits. Under federal law if an employer has at least 15 employees it is illegal for the employer to discriminate against an employee because of the employee's race, color, national origin, citizenship (though of course the employee must have the right to work in the US), religion, sex, age (if the employee is age 40 or older), disability, or genetic test information. So if the reason the employer made you do the drug test but not others was one of those reasons then the employer violated federal law if it has at least 15 employees. You did not say what reason the employer had for singling you out for the test so there is no way I can determine whether the employer violated the federal laws on illegal discrimination.

Many states have their own laws on illegal discrimination that apply to smaller employers than federal law does and/or covers more categories than federal law does. Since you did not mention the state I cannot tell you what your state's law provides. Also, some states/localities regulate how employers can do drug testing for employees, but again I can't give you any information on that because you did not provide the state/locality where you work.
 

djdavis

New member
Sorry, the state is Kansas, and yes there are more than 15 employees. Also, I have had drug convictions before 14 years ago. There have been employees in the past working there that go to jail for drugs and when they get out of jail, go right back to work without a UA. She has asked everybody when hired if they can pass a UA, but she never gives them one. I had to go to our local hospital to take it, and they have never had the company in the computer before, if that tells you just how much she has never given UA's, then I don't know what would.
 

eerelations

Senior Member
Sorry, the state is Kansas, and yes there are more than 15 employees. Also, I have had drug convictions before 14 years ago. There have been employees in the past working there that go to jail for drugs and when they get out of jail, go right back to work without a UA. She has asked everybody when hired if they can pass a UA, but she never gives them one. I had to go to our local hospital to take it, and they have never had the company in the computer before, if that tells you just how much she has never given UA's, then I don't know what would.
You still haven't provided the reason why this woman is singling you out, which means we can't determine whether the discrimination you're experiencing is illegal or not.
 

Zigner

Senior Member, Non-Attorney
Sorry, the state is Kansas, and yes there are more than 15 employees. Also, I have had drug convictions before 14 years ago. There have been employees in the past working there that go to jail for drugs and when they get out of jail, go right back to work without a UA. She has asked everybody when hired if they can pass a UA, but she never gives them one. I had to go to our local hospital to take it, and they have never had the company in the computer before, if that tells you just how much she has never given UA's, then I don't know what would.
Maybe you're simply the first employee subject to a new policy of actually making the new hire take the test.
 

justalayman

Senior Member
Maybe you're simply the first employee subject to a new policy of actually making the new hire take the test.
Or the employer changed their service provider for drug tests and the op is the first to go to the new one


I’m curious how the op knows so much about the drug users at the employer. How does the op know none of those s/he believes weren’t drug tested really weren’t. How does op know ALL of those arrested and jailed for drugs were allowed to return to work without a drug test?

Maybe op was the first one reeking of weed when they applied for a job.



It sounds like op tested dirty or Fears testing dirty and is upset about it. Otherwise, as all,the folks I know that get tested knowing they won’t test dirty, just go get tested and let your employer see the proof you don’t do drugs. I am subject to random drug tests. I don’t use (illegal or unacceptable) drugs/meds. I’ve been subjected to as many as three random tests in a year. Big deal. I go, i pee, I go on working because I’m clean.
 

Dubdidit361

Active Member
He may not be trying to play the race card yet hence the reason he is leaving out why he feels discriminated against..
 

eerelations

Senior Member
He may not be trying to play the race card yet hence the reason he is leaving out why he feels discriminated against..
But if he doesn't tell us why he's being discriminated against, there's no way we can tell him whether or not he has a case for illegal discrimination. (Like, he wants an answer to a question that is unanswerable until he provides more information. If he continues to refuse to provide said information, then he'll never get an answer to his question. How is that helpful to him?)
 

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