can drug testing agencies refuse to acknowledge a legal perscription?

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


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