Is it legal for an employer to disclose drug test results to other employees without consent?

My husband failed a drug test at work. He went through the counseling they required and they allowed him to keep his job. He is now being harassed at work by several co-workers and a few supervisors as they somehow know that he failed the drug test. Is it legal for the employer to disclose this information to other people?

Newaygo, MI -

Attorney Answers (3)

David B. Carter Jr.

David B. Carter Jr.

General Practice Lawyer - Charlotte, MI
Answered

No!! The co-workers could have figured it out. It only takes one to find out and spread the word. Even if they did find out the supervisors should not be teasing him as they are creating a hostile work place.

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Zacharia Spencer Bonham

Zacharia Spencer Bonham

Employment / Labor Attorney - Okemos, MI
Answered

Absolutely not. The employer and supervisors should not be revealing this information to his co-workers.

Cristine Wasserman Rathe

Cristine Wasserman Rathe

Employment / Labor Attorney - Flint, MI
Answered

The other attorneys are correct that the information should have remained confidential, but it may also just be process of elimination in terms of how people found out. Your husband would have an exceptionally difficult time proving who and how it was released and might be better served just focusing on getting back on track with his employer.

Each employment situation has unique facts and circumstances. This means that information and advice cannot be... more

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