Case Law Regarding Negligent Drug Testing Added

Authors: Marta Moakley and David B. Weisenfeld, XpertHR Legal Editors

Certain state courts recognize a variety of claims regarding drug and alcohol testing, including negligent drug testing. New York is the latest state to do so, but the claim has long been identified as a potential liability risk leading to increased costs with respect to employee drug testing.

The following state-specific sections of the Employment Law Manual have been updated with information regarding this court claim:

• Employee Discipline: Kansas;
• Employee Discipline: New York;
• Employee Discipline: Pennsylvania;
• Employee Discipline: Wyoming; and
• Preemployment Screening and Testing: New York.