Can my friend sue his job for firing him for having drugs in his system but not another guy who had the same thing?

I have a question in regards to failing a random drug test for an

employer. There were 7 employees who took the test; 2 were fired for pain killers in their system and 1 was only given probation for marijuana in his system. Aren’t all drugs illegal, so why is one given preferential treatment over the others?

Asked on April 28, 2016 under Employment Labor Law, Kentucky


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

An employer is allowed to terminate employees for failing a srug test, but is not required to; they can elect to not terminate. Employers are also permitted to treat employees diffently for any reason that is not illegal discrimination (e.g, not due to race, sex, national origin, religion, disability, or age over 40). So the employer could legally choose to fire one but not another for many reasons, including liking one more than another, time in severance, job performance, qualifications, being more sympathetic to one than another, etc.

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