Do I have any legal recourse if I feel my employers methods of random employee drug testing invades my personal privacy?

UPDATED: Sep 30, 2022

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Do I have any legal recourse if I feel my employers methods of random employee drug testing invades my personal privacy?

I work for a small company in public safety. Always in the past we have been sent to the local clinic where an unbiased third party would collect a sample for split urine testing that was sealed in front of me and then sent to a lab. If and when the urine tests positive for a drug they call me, I give them my prescription numbers that clear me and my employer then receives a negative drug test result. Recently my employer started allowing one of the office employees to administer saliva tests instead. My issue with this is that the saliva test gives this office employee instant results that tell what you were positive for. By the time I will have cleared my scripts my employer already knows what I’m taking.

Asked on July 5, 2017 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There is no protection for your privacy in this way; you are not protected from an employer (or coworkers) finding out about a drug test result. You are also not protected from disclosing medication you are on if it could affect your employment, as medication which could produce a positive result on a drug test could. You may need to bring information about any prescriptions that could provide a positive result with you or have such available at work, so as you are taking the test, you can advise that you are on a medication that could result in a positive result. That at least should prevent from from forming an incorrect impression based on the results.

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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