If an employer picks you out to take drug test and have proof, set a drug policy in effect about a year ago tested 8 people by urinalysis test then didnt test for 11 months than picks you and 3 other people that employer suspects to test and has it a hair follicle test do you have a discrimination case against them ?
1 Answer from Attorneys
Discrimination is only unlawful in certain circumstances when it is based on a protected class, such as race, age, gender, etc. If the four of you are all members of the same protected class, and the other employees are not, I would say you might have a good case. Bottom line: It depends on the specific facts of your case.