Philadelphia Employment Law News

Drug Tests: Phillies' Freddy Galvis Suspended After a Positive

Right after Roger Clemens was acquitted of all charges, and while the Phillies are in last place, Freddy Galvis was suspended for 50 games after testing positive for a banned substance, reports the Philadelphia Inquirer.

Galvis made a public statement that only a trace amount of the banned substance was found in his system, 80 parts to a trillion to be exact, according to WPVI-TV. He continued by denying any use and questioning how the substance could have entered his body.

While Major League Baseball players are bound by contract to submit to drug tests, the regular population is a bit different, but still a potential subject of a drug test.

Drug tests, they may feel demeaning and accusatory, but they’re legal. Legal, but with certain restrictions, as always. You can be tested either as a condition of being hired for a job, or testing can continue throughout your employment.

Employers have broad discretion in their choice of whether or not to test before employment. The only thing stopping the pre-employment drug screen is if it is somehow singling out certain people to test, as that is a likely breach of civil rights. One other way to possibly avoid the pre-employment screen is to be a union member, as it is possible the union has negotiated that members do not need to go through screening or post-hire testing.

When you’re talking about post-hire drug testing, there is a completely different set of rules. Employers cannot just pull you out of your cube and force you to pee in a cup. Unless, of course, that’s part of your employment contract.

The other general reasons that allow employers to do post-hire testing is if the job poses a safety risk to others, an employee is enrolled in a rehab program, an employee was involved in a work-related incident where drug use was a suspected cause, or if there is a reasonable suspicion of drug use based on the employee’s behavior.

The long and the short of it is that you can’t throw a snit when a potential employer asks you to do a drug test. But if you are already employed, unless you’re an MLB player like Freddy Galvis, make sure your boss is in their rights to take that test.

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