Federal: Former Employee’s Retaliatory Discharge Action for Refusing Drug Test Associated with Comp Claim Fails

The Seventh Circuit Court of Appeals recently held that a federal district court’s summary judgment in favor of a former employer was appropriate in a discharged employee’s retaliatory discharge action, arising from the latter’s refusal to take a drug test upon his initiation of a workers’ compensation claim.  The employer’s policies allowed an injured employee to receive medical treatment in the company’s health services department and return to work without being required to submit to a drug test, if the employee did not seek to initiate a workers' compensation claim.  If, however, the employee sought to initiate a claim, he or she was required to undergo the test or be subject to termination, regardless of whether the employee received treatment or services at the health services department.  The employee refused to take the drug test because he didn't think that it should be a necessary consequence of filing a workers' compensation claim.  He was terminated.  Even though he refused to submit to the test, the employee did file a workers' compensation claim and he eventually received workers' compensation benefits.  The Seventh Circuit held that since the drug testing policy covered many other situations in which the employer faced potential legal exposure, including, among other things: pre-employment testing, random testing for the initial 12 months of employment, and the occurrence of any OSHA recordable accident, workers’ compensation claimants were not singled out.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is a leading commentator and expert on the law of workers’ compensation.

LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.

See Phillips v. Continental Tire the Americas, 2014 U.S. App. LEXIS 2841 (7^th Cir. Feb. 14, 2014) [2014 U.S. App. LEXIS 2841 (7^th Cir. Feb. 14, 2014)]

See generally Larson’s Workers’ Compensation Law, § 104.07 [104.07]

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.

For more information about LexisNexis products and solutions connect with us through our corporate site

 _____________________________________________________________________

Price $99*; Books shipping now to customers! 

Keep track of how the workers' comp landscape is changing with this 400+ page compendium. Here's what you get: 

• A 50 state survey at a glance of workers' comp-related legislation, including selected drug bills, with commentary from 27 defense attorneys, 16 claimant's attorneys, and National expert Thomas A. Robinson, staff writer for Larson's Workers' Compensation Law
• In-depth analysis and insight on key issues, including exclusive remedy, medical marijuana, opt outs, Affordable Care Act & much more
• Larson's Spotlight on interesting cases for 2013, written by national expert Thomas A. Robinson

View the brochure & table of contents.

View sample pages.

Order online or contact Christine Hyatt at  ph. 937-247-8166, or Email: Christine.E.Hyatt@lexisnexis.com.

*Price does not include sales tax, shipping or handling. Price subject to change without notice.