Legal Question in Civil Rights Law in Utah

Re: privacy

Impliedly only the employer and yourself would be entitled to look at the results. Although signing a paper limiting the use of the test would make the issue more clear. Most courts would protect your right to privacy, however, in the event that your possible drug use was at issue in a lawsuit, the results could be obtained by subpeona by another party. That holds true even with the signing of a paper. Government agencies could probably obtain the results under certain circumstances. Furthermore, only the actual test results are protected. If you tested positive and then were terminated, your employer could tell other prospective employers and Utah Workforce Services that you were terminated for testing positive.

If the employer gives the actual results without your approval to other agencies/employers you could attempt to sue for breach of privacy. However, it is most likely that if an employer revealed the results it would be in a limited manner, i.e., only that you tested positive - which is not a breach of your privacy rights since you are probably employed in a drug free environment.

Here is a little FYI for you. A couple of years ago a client of mine was employed by a good sized auto auction in a job which he loved and for which he was very well paid. He was a successful employee in virtually every way. However, the company had a no-drug policy. There were a lot of employees who smoked marijuana - including some lower management. He was one of the smokers. He tested positive and was fired. He was fired from three other good jobs before he got the message.