Legal Question in Employment Law in Georgia
my job
I was hurt on the job two nights ago, and had to go to the emergency room. My supervisor gave me a drug test which testedme for cocaine, meth, morphine, and weed..all was negative. I went back to work tonight and much to my surprise my drug test, with my name on it, was setting my the clock in computer, and everyone was asking why I was tested. It seems that two other people were hurt last week and was not tested, even though managment was presnt when the incidents took place. The manager in my case was home in bed at 2 am, and drove 15 miles to test me..isnt this an invasion of my privacy since it was left with my name out in the open?? I could also mention my job is mostly with african americans..I am caucasion and was the only person tested
1 Answer from Attorneys
Re: my job
You may have an invasion of privacy claim and/or a claim for violation of the HIPAA law (governing privacy rights with respect to individual health information). In addition, if you can show that your employer has been applying its drug testing rules inconsistently and that it is doing so based on the employees' race, you may have a claim under the federal anti-discrimination laws. You should consult with an attorney, such as myself, who specializes in labor and employment law in Georgia.