How many “random” drug tests can an employer give one person in a year, before it could be considered discrimination?

I was told this morning, I had to go for my third “random” in less then 6 months.

Asked on November 12, 2012 under Employment Labor Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

There is no hard and fast rule, since by the nature of any random proces, some people will come up more often than not: for example, there are some people who have won a lottery more than once, or been struck by lightning more than once. If, however, you believe that the selection process is not random *and* that you are being singled out due to a protected reason, such as your race, religion, age over 40, disability, or sex, you should consult with an employment law attorney to discuss the matter.

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