If I was at a temp agency for a drug screen and my results were discussed openly within earshot of all staff, temps and customers, what are my rights?

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If I was at a temp agency for a drug screen and my results were discussed openly within earshot of all staff, temps and customers, what are my rights?

My prescription opiate use was also discussed out loud in the same manner. It was also announced ( again, in front of everyone in the building,) that myself and possibly another person were being sent to another testing facility for further testing. It felt very violating. What should I do?

Asked on June 22, 2015 under Personal Injury, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

IF you suffered some harm other than emotional upset due to this--e.g. you were denied credit because the information got around; a landlord refused to rent to you; you lost an unrelated (not at this agency) job opportunity; etc.--you may have a viable claim for invasion of privacy/publication of private facts; if that happened, speak with a personal injury attorney in detail about the situation.

Unfortunately, however, the law only provides meaningful compensation for actual losses, not "merely" for privacy invasions that are upsetting but don't result in harm. If you bring a legal action without having some loss or damage traceable to this release of this information, then even if you win, there is a very good chance you will spend more on the lawsuit than you would win in it.


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