When an employee is giving adrug test, how far is the lab allowed to ask the employee to undress?

Get Legal Help Today

 Secured with SHA-256 Encryption

When an employee is giving adrug test, how far is the lab allowed to ask the employee to undress?

I worked for a company for 4 years and then left 4 years ago. It was on good terms. I got hired back 2 years ago. When doing the typical drug test for the company, the lady performing it had commented that my urine looked dark. I shrugged my shoulders not knowing what to say. She asked me to remove my pants and shirt. I removed my pants but only lifted my shirt up. She found nothing. She said that because my urine was dark that meant “refusal to take the test” which in turn meant a dirty test. I told her I thought she was full of crap. I had lifted my shirt, removed my pants, I didn’t think it was fair. I left.

Asked on August 6, 2011 Nevada

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The degree that a lab is allowed to ask an employee to undress with respect to a drug test depends upon what the custom and practice is with the lab conducting the testing. Normally with a urine test, all the person who is giving the sample is asked to simply urinate in the cup. If the lab suspects that the person giving the sample is being deceitful, the lab can ask the employee to disrobe to the degree it needs.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption