Workers Watched While Taking a Urine Test

How much privacy do you get when providing a sample for your employer’s random drug test? Not much, according the Ohio Supreme Court. I’m Amy E. Feldman.

When three employees at a company in Ohio were selected for the company’s random drug testing, they had to sign a form consenting to take the test, or would be fired if they didn’t. What that form didn’t say, and what the employees realized after they signed the consent, was that a lab assistant would be directly observing them when they reported to the restroom to give the urine sample. Ew.

Not sure who’s got the worse job—the guy providing the sample or the guy who has to stand in the bathroom and watch its provision. The workers refused to give a sample with someone standing there, and were fired. They sued for invasion of privacy, but the Ohio Supreme Court rejected their argument, saying that they were employees at will and could be fired for any reason including refusing to take the required drug test, and they had no expectation of privacy when they took it.

Makes you wonder if the Ohio Supreme Court has random drug testing and if the judges might feel differently about the issue if it did.

From The Judge Group, I’m Amy E. Feldman for KYW News Radio.

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