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Even if drug testing was conducted in a wrong manner and the court is unlikely to prevent employees who are at-will being fired for violating their rights. But, claims of disparate treatment can be made if the testing results of the same employees result in one employee being removed from the workplace while the other got a much more favorable treatment based on protected class characteristics. In addition, employers who terminate unionized employees due to positive results on drug tests may find the decision to be overturned by arbitrators because the testing did not comply with the contractual provisions. In general, courts have upheld rulings of arbitrators in restoring employees of unions who test positive.

Drug test results are sensitive information and should be treated in the same way. The person who is found guilty of divulging information will be punished. Employers usually offer support programmes that assist employees in dealing problems with substance abuse and provide them with an opportunity to re-enter the workforce. vp9efwkguk.