can drug testing agencies refuse to acknowledge a legal perscription?

UPDATED: Oct 1, 2022

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can drug testing agencies refuse to acknowledge a legal perscription?

a drug testing agency refuses my prescription. they claim it is up to my employer. I believe this violates my right to privacy concerning medical issues. how can they refuse a legal prescription and how is it legal for an employer to decide whether or not they accept it?

Asked on October 9, 2017 under Employment Labor Law, Minnesota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The employer is the client; the drug testing agency is their "employee". It's not for the agency to tell their client what and what not to accept. 
Also: there are jobs were even legal prescriptions are grounds to not employ someone--e.g. any job involving driving, operating machinery, etc. when any drug that may affect attention, reflexes, judgment, and/or balance is dangerous, even if legal, for example. The employer needs to decide what is safe or appropriate.
And if the prescrption is for medical marijuana, bear in mind that it IS still an illegal drug under federal law.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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