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  1. #1
    Join Date
    Oct 2008
    Posts
    1

    Default Are Pre Employment Drug Test Results Confidential?

    My question involves labor and employment law for the state of: IL
    On a pre employment drug hair test, I was positive for 5 nanograms of marijuana. I do not smoke pot, but I am often around people while they smoke. A tech from the testing lab told me that such a low concentration could be from this type of contact. I do understand the decision not to hire me.
    A former employee of my current employer works for the company that required the test. On my day off, this person went to where I work and told my co workers that I applied for the job and was turned down for being a junkie. People at work who I rarely have contact with are coming to me with their comments. This is very embarrassing.
    Before the tech from the lab would discuss my results, I had to verify my identity. The person spreading my information is not management and has no need for the test results. Are pre employment drug test results confidential, or was it simply unethical for this company to release my information?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,024

    Default Re: Are Pre Employment Drug Test Results Confidential?

    I don't see any law making them confidential. The Illinois human rights statutes relating to drug test during employment specify that drug tests performed under that statute are not medical tests; but it isn't clear that the statute applies to pre-employment testing. I suggest running your question past an Illinois employment lawyer, or waiting for another perspective here, as I could not find a definitive answer.

    I do have to say this much, though: If you're going to be applying for jobs where the employer is that concerned about drug use, you need to consider leaving the room when your friends toke up.

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