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Posts from Joshua Newville, a Minnesota employment lawyer, civil rights attorney, and mediator.

Xcel Energy Contractor Violated DATWA

In the ever-evolving landscape of Minnesota employment law, a recent decision has provided some crucial clarity on drug testing protocols and their implications for both Minnesota employees and employers. The case in question is Williams v. BHI, and if you're involved in the Minnesota employment law/HR sector in any capacity, it's essential to understand the verdict and its implications.

a nuclear facility, representing the defendant in this drug and alcohol testing in the workplace (DATWA) case out of minnesota

Background: The Case at a Glance

At the core of this case was Ms. Williams, an employee of BHI Energy (an Xcel energy contractor). Williams tested positive for drugs in a routine drug test. She argued that it was the result of false advertising by a tea manufacturer and separetly settled a suit against that manufacturer. Still, as a direct result of the initial positive result, she lost her unescorted site access to Xcel's facilities – a key aspect of her job. Subsequently, BHI terminated Ms. Williams from her position. That led her to challenge the legality of her termination under the Minnesota Drug and Alcohol Testing in the Workplace Act (DATWA).

Key Issues Addressed:

  1. Written Notice After a Positive Test: One fundamental requirement under DATWA is that employers must provide written notice to employees who test positive for drugs, granting them the right to explain their results. The court found BHI clearly in violation of this provision, as it never afforded Ms. Williams this right.

  2. Termination on the Basis of Positive Test: DATWA lays down strict guidelines about adverse actions (like terminations) based on positive drug test results. The Act emphasizes that an employee cannot be terminated based on an initial unconfirmed positive test, and for first-time confirmed positive tests, an offer for rehabilitation must be made. The court held that BHI breached these provisions.

  3. DATWA Not Preempted by Federal Law: The court evaluated whether the state and federal regulations concerning drug testing in the workplace are incompatible, particularly concerning how employers should respond to initial positive tests and confirmed positive tests. The court found that complying with both state and federal regulations is not impossible. The court further rejected BHI's claim that DATWA is an obstacle to Congress's objectives and highlighted that Congress, through the Atomic Energy Act, promotes cooperation between the federal government and states regarding nuclear energy regulation. Ultimately, the court found that BHI failed to prove that DATWA is preempted by federal law.

The Court's Ruling

While BHI argued that Ms. Williams was terminated due to her loss of access to Xcel’s facilities, the court astutely noted that this loss of access was intrinsically linked to her positive drug test. Regardless of BHI's justification, the termination hinged on a violation of DATWA, as it was tied directly to the drug test results.

Implications for Employees

This decision underscores the importance of knowing one's rights under employment laws like DATWA. If an employee undergoes drug testing, it's vital to be aware of the protocols that employers must follow and the protections in place for the employee. In situations where these rights are breached, legal recourse may be a viable option.

Implications for Employers

For employers, the Williams v. BHI case serves as a timely reminder to revisit drug testing protocols and ensure strict adherence to DATWA provisions. Any missteps, intentional or otherwise, can result in legal consequences. Proper training, transparent communication with employees, and a thorough review of drug-testing processes can help prevent costly lawsuits and ensure a just workplace.

Final Thoughts

This case isn’t just about a positive drug test or a termination – it's about ensuring that the rights of employees are upheld and that employers are clear about their responsibilities. In the intricate dance of employment law, staying informed and vigilant is the best defense against potential missteps.


Joshua Newville is a Minnesota employment lawyer, civil rights attorney, and mediator. Josh litigates and advises on such matters as wrongful termination, whistleblowers, discrimination, police misconduct, and more. He offers legal consultations and online case reviews regarding employment law and civil rights.


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