Is it discrimination to be continually randomly selected for a drug test?

UPDATED: Sep 30, 2022

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Is it discrimination to be continually randomly selected for a drug test?

I have been randomly selected for a drug test in my workplace over 4 times in 1 year, while others have not been tested at all in many years. I have obliged and passed everytime but I can’t help but consider it might be


Asked on May 17, 2017 under Employment Labor Law, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Are you being singled out due to your race, religion, age (over 40), disability, national origin, etc.? Does this action in any way violate or breach the terms of an employment contract or union agreement? If not, then you have no claim for discrimination. The fact is that most employment is "at will", therefore an empoyer can set the conditions of employment much as it sees fit. For your part, you can either accept this testing, compalin but risk termination, or quit.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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