If I failed a pre-employment drug test, is that confidential information?

UPDATED: Sep 30, 2022

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If I failed a pre-employment drug test, is that confidential information?

I applied for a job at a major retailer. They sent me a drug test but I failed the test. Does the assistant manager have right to tell my personal information

to everybody (i.e. that I failed my drug test)? What can I do about this?

Asked on March 15, 2016 under Employment Labor Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Unfortunately, while this behavior was unprofessional, you probably can't do anything since these tests aren't typically considered to be medical tests; if they were then divulging the results would be a violation of HIPPA and you would have a legal claim. As it stands, no confientiality attaches to pre-employment screening tests. Also, since the what the assistant manager said was the truth, you do not have a claim for defamation since truth is a defense. 

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 AttorneyPages.com 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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