Can my employer share my drug test results with other employees of the company? Does this violate my civil rights?

Asked about 4 years ago - Daytona Beach, FL

employer shared out to another employee that i failed my drug screen. Are drug test results private medical information covered under HIPAA

Attorney answers (4)

  1. Ayuban Antonio Tomas

    Pro

    Contributor Level 20

    Answered . Typically they are private and your employer should not ever disclose your result to other prospective employers should you ever look for another job. However, if another person from the same company finds out, its much more difficult to establish a cause for legal recourse. Depending on what the other employees role in the company is, he/she may have needed to know.

    THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.

  2. Kenneth Brian Schwartz

    Contributor Level 15

    Answered . It depends on why the employer shared the drug screen results with the other employees. If it was a general announcement for no good reason ("Hey, everyone. Larry failed his drug screen. Ha!"), then you probably have legal recourse. If, however, the disclosure was, say, incidental to an internal investigation into your job performance, and the disclosure was necessary to complete that investigation, then the disclosure is likely not actionable. If you have any questions about your situation, you should contact an experienced employment lawyer immediately.

  3. Bonita M. Riggens

    Contributor Level 14

    Answered . If the communication was not privileged within the workplace, you may very well have a claim for invasion of privacy. However, even though HIPPA may prohibit this there is no private right of action. For more information, look at the HIPAA website at www.hha.gov. Regarding a possible invasion of privacy claim, seek a consult with an employment law attorney.


    Bonnie Riggens
    Law Office of Bonita M. Riggens
    669 1st Ave. N.
    St. Petersburg, FL 33701
    Phone: 727-898-1401
    Fax: 727-823-7351

    Employment law representation: Contracts (Noncompete Agreements, Severance Negotiations), Defamation, Discrimination (Age, Disability, Gender, Pregnancy, National Origin, Race, Religion), Family and Medical Leave Act, Overtime Law. Privacy Law, Retaliation and Whistleblower Law, Sex Harassment, Unemployment Compensation, Unpaid Wages, USERRA

  4. Derek B Brett

    Contributor Level 12

    Answered . Ms. Riggens is correct. I am presently arguing this issue and it would appear to constitute a HIPAA violation.

    Derek Brett
    The Brett Law Firm, P.A.
    Orlando, Florida

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