Legal Question in Discrimination Law in Illinois

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 ?

Asked on 3/14/13, 10:39 am

1 Answer from Attorneys

Thomas Moens Moens Law Offices, Chartered
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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.

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3/14/13, 11:22 am

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