November 30, 2021

Volume XI, Number 334

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November 29, 2021

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Michigan May Deny Jobless Benefits Where Failed Drug Test Causes Refusal To Hire

Michigan’s new drug testing disqualification law (Act No. 146 of 2013) amending the state’s “Employment Security Act” (MCL 421.129), provides that for one year after the enactment’s effective date (October 29, 2013), an individual will be considered to have refused an offer of suitable work if the prospective employer administers pre-employment drug tests on a non-discriminatory basis and the applicant tests positive for a controlled substance without a valid prescription, or the individual refuses without good cause to submit to the drug test.  This pilot program does not require businesses to notify the state when job applicants fail a drug test or refuse to take them, but if they do, applicants whose conditional offer of employment has been withdrawn as a result will lose their unemployment checks.

The new law may draw some statistical support from the most recent National Survey on Drug Use and Health,  http://www.samhsa.gov/data/NSDUH/2012SummNatFindDetTables/Index.aspx.  As noted by CNN Money.com, http://money.cnn.com/2013/11/26/news/economy/drugs-unemployed according to the 2012 Survey, about one in six (17%) unemployed workers had a substance abuse disorder, almost twice the rate for full-time workers (9%), based on self-reporting; the actual numbers could be higher.  Moreover, CNN Money also reports that economists at the Federal Reserve Bank in St. Louis have pointed to some data that may show that long bouts of unemployment lead people to substance abuse, even among those who previously were drug-free, despite the loss of income from being out of work.  (Alcohol, however, remains the largest substance of abuse among the unemployed according to the Survey.)

Jackson Lewis P.C. © 2021National Law Review, Volume III, Number 339
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About this Author

Roger Kaplan employee drug testing attorney, Jackson Lewis Law Firm
Principal

Roger S. Kaplan is a Principal in the Long Island, New York, office of Jackson Lewis P.C. He has worked with many employers to help assure their drug and abuse testing policies and procedures comply with the state and federal laws and to develop effective testing strategies. He has frequently addressed business and professional groups on substance abuse testing issues.

Mr. Kaplan has represented clients and appeared before executive departments and administrative agencies, such as the United States Department of Labor (...

631-247-4611
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