In May, a CT superior court judge found that the state’s statutory restrictions on urine drug testing do not apply to hair follicle drug testing. The finding stems from a case in which plaintiff Ronald Schofield, Jr. was ordered to undergo a hair follicle drug test by his employer, Loureiro Engineering Associates. Based on the test results, the company fired Schofield.
CT law regulates urine drug testing. The plaintiff (Schofield) sued, claiming that the statutory protections applied to him even though he was required to undergo hair testing, not urine testing. Hair drug testing can detect drug use up to approximately 90 days prior to testing – a significantly longer period of time compared to urine drug testing. CT’s superior court disagreed and dismissed the case and refused to apply Connecticut General Statute sections related to hair-based drug testing.
Here’s a snippet of what the court wrote:
“While the logic of plaintiff’s position is readily understood and the seemingly irrational inconsistency which flows from the disparate protections made evident in this opinion are undeniable, the task of changing the law lies with the legislature and not with the judiciary.”
So what does this mean for CT employers? They can impose hair and other non-urine drug tests without meeting the restrictions of CT’s law. For an overview of the state’s drug testing laws, visit the Connecticut Department of Labor website.