State-Specific Discrimination Law Starting to Gain Ground on Workplace Drug Policies

(Fall 2017) In June a judge ordered a public utility district (PUD) in Washington State to pay a former worker over $1.8 million for its infraction of the Washington Law Against Discrimination. The PUD terminated its employee because her drug screening returned positive for a narcotic medication she was using for migraines. The court’s decision was based, in part, on the fact that the employer did not confer with the Medical Review Officer (MRO) for a proper interpretation of the test result. The judge also stated that the worker’s migraine treatment, including the opioid drug Dilaudid, was allowable as an extension of her protected health issue.

Based on the judgment, in this case, it’s time for a friendly reminder: always use a Medical Review Officer in your testing practice!

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