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Can I sue my employer for accusing me of being on drugs in front of my coworkers?

Melbourne, FL |

I went to work this morning with a migraine headache. I told everyone there that I had a migraine headache. Well, my boss came up to me in front of everyone and said "you need to take a drug test". I said "why, because i have a migraine" and she said "well, that's a good excuse, but something is definitely wrong with you". Needless to say, I took the test but cannot work until results are in (at least 72 hours). I know it will come back negative and I'm humiliated. What can I do? Everyone knows and now thinks I'm on drugs.

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Attorney answers 2


This question really belongs in a civil law forum, but the short answer is your employer's conduct is not likely actionable.


As a plaintiff's employment attorney, I have a slightly different perspective. While probably not actionable in and of itself, this could potentially become a case of disability discrimination or discrimination based upon a perceived disability. In essence, if your actual disability (migraines) makes your boss so uncomfortable that his/her behavior alters the terms and conditions of your employment (ie. makes it almost mentally impossible to go to work, or if a reasonable person would be compelled to resign), then you might have a case of discrimination or harassment under the Americans with Disabilities Act and the Florida Civil Rights Act should you suffer any negative employment action (fired, demoted, disciplined, reduced hours etc.). If your disability (migraines) causes behavior that does not affect your ability to perform the essential functions of your position but causes the boss to take employment action because your disability-induced behavior/appearance does not comport to traditional societal norms, then you might also have a case developing. All that said, your employer must employ 15 or more employees in order for the anti-discrimination statutes to afford you protection and a remedy. Best of luck!

This is general information only and does not constitute legal advice, nor does this communication in any way establish an attorney-client relationship. Feel free to contact me directly for further information at 239-985-9691.

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