News & Analysis as of

Invasion of Privacy Drug Testing

Jackson Lewis P.C.

Court Upholds Jury Verdict That Directly-Observed Urine Collections Did Not Constitute Constructive Discharge

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A Washington appellate court upheld a jury’s verdict that an employer’s drug testing protocol requiring direct observation of urine collections did not invade an employee’s privacy and did not constitute a constructive...more

Bricker Graydon LLP

Ohio Supreme Court holds that "direct observation" of drug testing is not an invasion of privacy

Bricker Graydon LLP on

In a 4-3 decision the Ohio Supreme Court recently held that the privacy of an at-will employee is not invaded when the employee is required to produce a urine sample while being monitored by a same-sex employer representative...more

Benesch

Supreme Court of Ohio Gives Employers the Green Light to Drug Test At-Will Employees Under Direct Observation When the Employees...

Benesch on

If an employer’s substance abuse policy requires employees to undergo random urinalysis drug testing, and employees sign consent forms authorizing “any testing necessary” but not specifically discussing direct observation...more

Jackson Lewis P.C.

Directly-Observed Urine Collections Do Not Constitute Invasion Of Privacy Where Employees Consented To Drug Testing

Jackson Lewis P.C. on

The Supreme Court of Ohio held that an at-will employee has no cause of action for common law invasion of privacy after the employer required the employee to submit to a directly-observed urine collection drug test. Lunsford...more

Jackson Lewis P.C.

Employer’s Request To Count Employee’s Prescription Medication Sufficient To Support Invasion Of Privacy Claim

Jackson Lewis P.C. on

A federal court in Alabama held that an employer’s request to count an employee’s prescription medication – in connection with a drug test that the employee passed – supported the employee’s claim for invasion of privacy....more

Bricker Graydon LLP

Ohio Supreme Court to consider whether direct observation method of employee drug-testing is an invasion of privacy

Bricker Graydon LLP on

Under current Ohio law, requiring an employee to submit a urine sample for drug testing does not violate the employee’s right of privacy. However, on January 28, 2020, the Ohio Supreme Court will hear oral argument regarding...more

Goulston & Storrs PC

Blazing the Trail: SJC to Decide Medical Marijuana Discrimination Case

Goulston & Storrs PC on

Marijuana in the workplace is currently a hot topic for retail employers, especially since voters in Massachusetts and other states legalized the recreational use of marijuana in November 2016. The law that passed and became...more

Jackson Lewis P.C.

Reporting Reasonable Suspicion Tests To Third Parties When No Suspicion Existed May Give Rise to Defamation and Invasion of...

Jackson Lewis P.C. on

Requiring employees to submit to directly observed reasonable suspicion testing and falsely reporting to third parties that the employees were tested because of reasonable suspicion may give rise to claims for invasion of...more

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