A common occurrence when employees are confronted with a requirement to take a drug test: they often confess. Sometimes they suggest that the employer need not bother with the test because they know they will test positive. Under the Minnesota Drug and Alcohol Testing in the Workplace Act (“DATWA”), admissions of drug use and a positive drug test have very different legal ramifications. In Minnesota, “an employer may not discharge an employee for whom a positive drug test result. . . was the first such result for the employee on a drug or alcohol test requested by the employer” unless the employee has been given the opportunity to participate in and complete a drug counseling or rehabilitation program.
Hiring Tips Blog

Admissions of Drug Use By Employees Are Not The Same As Positive Test Results in Minnesota
Dec 1, 2014 | Pre-employment Drug Testing
Recent Posts
- Minnesota, Iowa Modify Employer Drug Testing Requirements
- Oral Fluid Tests Are Not Valid Indicators of Cannabis Exposure or Impairment
- THC Testing vs. Impairment: Legal Risks and Recent Employment Lawsuits
- Colorado Expands Reach of Obligations for Processing Biometric Identifiers and Biometric Data
- California Approves Rules Regulating AI in Employment Decision-making
Categories
- Background Check Compliance (103)
- Background Check Laws (59)
- Background Screening (44)
- Biometric Identification (5)
- Consumer Financial Protection Bureau (1)
- Credit Checks (32)
- Criminal History Check (182)
- Data Protection & Privacy (105)
- E-Verify Issues (76)
- Education Verification (7)
- Educational and Childcare Hiring (28)
- EEOC (49)
- Employer Negligence (37)
- Employment Screening (136)
- Fair Credit Reporting Act (109)
- Featured Posts (1)
- Financial Services Hiring (11)
- Healthcare Hiring (4)
- Hiring Legal Compliance (3)
- Home Services and Repairs Hiring (6)
- Human Resources & Benefits (26)
- Immigration Issues (89)
- IT and Data Security Hiring (11)
- Medical & Pharmaceutical Industry Hiring (9)
- Occupational Fraud (13)
- Pre-employment Drug Testing (189)
- Public Safety Hiring (1)
- Retail Hiring (14)
- Security Services Hiring (3)
- Social Media (32)
- Transportation Industry Hiring (20)
- Uncategorized (1)
- Wage History Checks (4)