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In recent years, synthetic urine kits have become a popular way for people to cheat on drug tests. The kits are sold online and in retail stores throughout the country. They’re designed to look like natural human urine but contain substances that are illegal to use if you’ve been using drugs. 

The legislation was announced by Sen. Chuck Schumer of New York, who is the Democratic caucus’ ranking member on the Senate’s Committee on Aging. He said the legislation would “help combat the growing problem of drug screening fraud.” 

“Millions of Americans take job-related drug tests each year, and many of them worry about getting caught for something they did not do,” he said. 

Under this new law, employers will be required to provide a reasonable explanation when employees get tested for drugs. If an employee has a justifiable reason for being absent from work – such as caring for a sick family member or taking time off to attend to personal issues – then that person won’t be fired because he or she wasn’t at work.

If an employer fires someone for failing a drug test, it will need to prove that the firing was due to the reason given by the employee. Otherwise, the employee can sue under the Americans with Disabilities Act for discrimination. 

Schumer also added that employers should consider giving their workers pre-employment drug testing. It could help identify potential problems before they arise, which would make it easier to avoid having to fire someone for a positive drug test result. 

For example, an employee who doesn’t pass a drug test might be asked to undergo random screenings periodically during his or her employment. This would allow employers to spot drug users early on and give them some time to change their behavior before they cause serious problems. 

Other lawmakers praised the legislation. In a statement, Rep. Joe Crowley, a Democrat representing Brooklyn, called the bill a “much-needed step forward.” 

“We must ensure that our nation’s workplaces are safe and fair for all workers,” he said. “This legislation is a first step toward ensuring that no one is forced into working in an unsafe environment simply because they were prescribed medication while away from work.” 

But not everyone thinks the legislation will go far enough. 

In an interview with Fox News, Michael A. Lebowitz, a professor of labor relations at Cornell University Law School, said the bill doesn’t address how employers should handle people who fail a drug test. Instead, he said, it protects those who don’t want to get fired for a positive drug test result. 

“It’s very simple. You cannot fire somebody because they took a prescription drug,” he said. “You can discriminate against individuals if they tell you they have a disability. But if you tell me I’m going to lose my job over this, you’re discriminating against me because I took a prescription drug.” 

Lebowitz also expressed concern about how the bill defines what constitutes a “reasonable” excuse for missing work. He said that definition leaves open the possibility that employers may use subjective reasoning when making decisions about whether to fire someone for missing work. 

He also pointed out that many people who use synthetic urine kits aren’t trying to get away with a drug test. They’re actually suffering from health conditions that require them to take certain medications. For example, Lebowitz told us that he knows of several patients who use marijuana to treat chronic pain. 

There are other concerns about the bill as well. For instance, it does nothing to address workplace safety. And some experts say it could put companies in legal jeopardy when it comes to drug testing. Some states have already passed laws prohibiting employers from firing people for refusing to submit to drug tests.

“I think there’s a lot more that needs to be done,” said David Greene, senior counsel at the National Employment Lawyers Association. “If an employee is prescribed medicine that could possibly affect their ability to perform their job safely, it’s incumbent upon the employer to accommodate that in any way possible.” 

Greene also noted that most states allow employers to conduct drug tests without providing a medical exam or requiring employees to sign a consent form. So it’s unclear how this bill will impact those situations. 

A lot of people are concerned that this legislation could set a dangerous precedent. That’s why the American Civil Liberties Union (ACLU) opposes the bill. 

“These bills create a dangerous slippery slope where many workers will fear being terminated for taking legally prescribed medication,” ACLU Deputy Legal Director Louise M. Albright said in a statement. “Employers shouldn’t be able to fire workers for taking medication prescribed by their doctors or for using other medically necessary products.”