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Drug testing laws

csmt

New Member
Is there any kind of privacy laws associated with drug testing? I tested positive on a drug screen at work and was able to retest and passed the second one. While waiting the results I was not able to return to work, during this time the news got out that I tested positive and now my entire office knows about it. I thought that the results were completely confidential. The only people that knew were the supervisors and the head of hr. I want to know if I might have a legal case against them for slander or something similar. Any help would be great.
 

Keith Lake

420 Emeritus
420 Staff
Hi CSMT

I'm not a lawyer but I'll offer my opinion.

Your employer has the obligation to protect your privacy. There are HIPAA laws that cover medical privacy, and your company's lawyers probably have written policies about the treatment of employee information.

If it were me, I'd probably take a more "in-your-face" approach and post the "pass" result on the bulliten board

If you wish to pursue it legally, my advice would be to say nothing until you speak to a lawyer and do the following

1) Get a copy of your employee handbook
2) Get a copy of the drug testing policy (if separate from the handbook)
3) write everything that happened into a journal. (why they tested you, who said what, how you found out your info leaked, whether the person you heard it from told you how he heard it etc. etc.)
4) make sure you have a copy of the disclosure form you signed when they tested you


Most state bars have a free legal referal service where you can get a 30 minute free initial consultation. so you can find out what your chances are without investing any money.

Good luck brother, stick around and tell us how you made out
 

cruzreal

New Member
Good advice from soniq420. I've been in the employers position and that IS confidential information. Even though management positions may have been advised of what occured test results are not public information. However, if your company has random drug testing policy you can be assured of being picked "randomly". Good luck.
 

MissP

New Member
That doesn't seem legal. You need to find out how the info got leaked.

BTW, chances are nobody cares about your drug test results, and they're probably thanking *insert religious figure here* that they didn't have to get tested...lol.
 
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