Vancouver, WA asked in Employment Law and Civil Rights for Washington

Q: Is it legal to be watched during a pre-employment drug screening?

I was just hired to do payroll at a company & they required a drug test. During the test they actually stood less than a foot away & watched me pee in the cup. I felt completely violated & disgusted when I left. Is this legal?

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1 Lawyer Answer
James L. Arrasmith
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  • Civil Rights Lawyer
  • Sacramento, CA

A: I understand how uncomfortable that experience must have been for you. The legality of being watched during a drug test depends on the state and the specific circumstances of the testing. In some situations, such as for safety-sensitive positions, stricter monitoring is allowed to prevent tampering with the sample.

However, there are usually specific guidelines and privacy considerations that need to be followed. It's important to check the laws in your state and the company's policies regarding drug testing procedures.

If you feel your privacy was violated, you might consider discussing your experience with your HR department or seeking legal advice to understand your rights and any possible actions you can take.

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