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THC Testing vs. Impairment: Legal Risks and Recent Employment Lawsuits

Oct 1, 2025 | Pre-employment Drug Testing

Courts are increasingly ruling that positive THC test results alone can’t prove on-the-job impairment. Employers relying
solely on chemical tests face legal risk and costly verdicts. Legal protections in many states prohibit discipline based
only on off-duty cannabis use unless actual impairment is shown. Emerging tools like eye-tracking, VR, and cognitive
assessments offer real-time impairment detection, fostering fairer safety policies while reducing litigation exposure.

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