72-1708. EMPLOYER’S DISCIPLINARY OR REHABILITATIVE ACTIONS BASED ON TESTING — CLAIMANT INELIGIBLE FOR BENEFITS. (1) Unless otherwise prohibited, upon receipt of a confirmed positive drug or alcohol test result or other proof which indicates a violation of an employer’s written policy, or upon the refusal of an employee to provide a test sample, or upon an employee’s alteration of or attempt to alter a test sample, an employer may use that test result or the employee’s conduct as the basis for disciplinary or refusal-to-hire action that will result in a claimant’s ineligibility to receive benefits under the provisions of section 72-1366(4), (5), (6) or (7), Idaho Code. Actions by the employer may include, but are not limited to, the following:
(a) A requirement that the employee enroll in an employer-approved rehabilitation, treatment, or counseling program, which may include additional drug or alcohol testing, as a condition of continued employment;
(b) Suspension of the employee with or without pay for a period of time;
(c) Termination of the employee;
(d) Other disciplinary measures in conformance with the employer’s usual procedures, including any collective bargaining agreement.
(2) Action taken pursuant to this section shall not create any cause of action against the employer.
History:
[72-1708, added 1997, ch. 126, sec. 1, p. 378; am. 1998, ch. 1, sec. 107, p. 98; am. 2003, ch. 233, sec. 9, p. 596.]
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