According to a recent decision by the United States District Court for the Eastern District of California. employees subject to U.S. Department of Transportation (“DOT”) drug and alcohol testing regulations may have limited privacy interests in their positive drug and alcohol test results of their positive drug and alcohol tests.
Plaintiff Daniel McTimmonds filed suit against national drug and alcohol testing company Alcohol and Drug Testing Services, LLC (“ADTS”), alleging he suffered severe emotional distress as a result of ADTS’ actions during a DOT-mandated random drug and alcohol test.
Plaintiff’s alleged, an ADTS technician administered his breathalyzer test in a public room, in the presence of Plaintiff’s coworkers. After reviewing the results of the breathalyzer test a positive result was recorded and the ADTS technician “very loudly and publicly” questioned Plaintiff as to whether he had “been drinking this morning.” Still in the presence of his coworkers, Plaintiff denied he had drank any alcohol, to which the ADTS technician responded, “Well, this says you have been!”
Case – United States District Court for the Eastern District of California. McTimmonds v. Alcohol and Drug Testing Services, LLC, 2014 U.S. Dist. LEXIS 167656 (E.D.Ca. Dec. 2, 2014)
Source: www.Drugtestlawadvisor.com
W. Barry Nixon is the COO, PreemploymentDirectory.com the leading background screening information portal and online worldwide directory of professional background screening firms and Suppliers to the background screening industry. He co-authored the landmark book, Background Screening & Investigations: Managing Hiring Risk from the HR and Security Perspective. He also is the publisher of award winning newsletters, The Background Buzz and The Global Background Screener, and the author of the Background Checks column in PI Magazine.
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