Legal Question in Employment Law in California

hi i have been driving truck for a company for two went took pre employed test and two week later my boss says all driver have to go test again because he is switching to w2s instead of 1099s ok thats find with me so i go and find out the im the only one being tested still thats ok with me just weird he said all drivers have to then truns out just me so i go to in bathroom to test and guy that works there follow me in there thats find but then he is looking right at penis and i have a hard time with my girlfriend watching me and cant use public restrooms at all if someone is in there so i asked the guy why he was watching me he said he had to but they did not the first time i went there for my pre employed test so i tryd to pee for about one min i started to sweat as he watched and looked right at penis but i could not go and he said go to waiting room and drink water and try again but i felt so unconformable and violated i just left no one told me why he had to watch me or let me know he was going to now its a refusal to test what can i do


Asked on 11/14/14, 10:38 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

My colleagues might want to supplement the following. Your inability to take the drug test in the way that the employer wants and the resulting inability to provide a urine sample might be considered a disability and you might be entitled to reasonable accommodation. See, e.g., http://www.eeoc.gov/eeoc/foia/letters/2011/ada_definition_disability.html . See also the International Paruresis Society's website at http://paruresis.org/drug-testing-reform/ . It would seem reasonable for you to ask your employer to use an alternate method of testing such as oral fluid (saliva), sweat patch, or hair samples. You should not be barred from employment in an entire industry because of the intrusive method of conducting these kinds of drug tests which result in your disability.

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Answered on 11/15/14, 12:39 am


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