Legal Question in Employment Law in California
employmee rights
If I am asked to submit a blood sample to a biotech company which whom I have accepted a job with, am I obligated to do so?
2 Answers from Attorneys
Re: employmee rights
If you want the job
Re: employmee rights
For what purpose is the blood sample sought? Many companies require drug testing as a condition of employment, and courts are upholding these requirements in a society where drug abuse is a major cause of loss and liability to a company. On the other hand, if the Biotech Company is asking you to contribute blood so they can conduct their own testing on a current product or test procedure, the courts may not be so forgiving of what may be considered an invasion of privacy in violation of a public policy. The California Constitution, unlike the federal constitution, explicitly protects personal privacy against non-public entities, such as private employers. Therefore, privacy can be considered an important public policy which is being violated by your employer assuming that the employer is denying you employment unless you "agree" to the invasion of your rights.