Amtrak Applicant Who Lost Job Over Drug Test Can’t Sue Testers

March 14, 2024, 5:26 PM UTC

A woman who says she lost a job with Amtrak because of a false positive test for cocaine caused by medication she was taking for pregnancy symptoms can’t sue a third-party testing service or the doctor who performed the test.

The ruling Wednesday by the US District Court for the Eastern District of Pennsylvania addressed a question that hasn’t been directly reached by the Pennsylvania Supreme Court: whether a medical laboratory that performs pre-employment drug screening owes a duty of care to the tested worker.

Under the factors set by the state justices for determining when a duty of care ...

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