Question

question 1 of 2
dana was required by her employer to take a drug test after dana reported work - related carpal tunnel syndrome. her employer had no reasonable basis for suspecting that drug use could have contributed to her condition, and it had no other reasonable basis for requiring her to take a drug test. rather, her employer routinely subjects all employees who report work - related injuries to a drug test regardless of the circumstances surrounding the injury. the state workers compensation program applicable to the employer did not address drug testing, and no other state or federal law requires the employer to drug test employees who sustain injuries at work.
did the employer subject dana to a drug test to retaliate against her for reporting a workplace injury?
yes
no

Explanation:

To determine if it's retaliation, we check the employer's basis. The employer had no reasonable basis (no suspicion of drug - related injury, no legal requirement) and only tested all injury - reporting employees routinely. Retaliation in workplace injury context can involve punitive actions after reporting, and here the drug test, without valid reason, seems to target those reporting injuries (like Dana), fitting retaliation criteria.

Answer:

Yes