Rockford, IL asked in Civil Rights and Employment Law for Illinois

Q: Privacy violation at UPS during drug test wait

I believe my right to privacy and civil rights were violated by my employer. As a full-time UPS driver with 9 years of service, I was required to sit in an office with the door open for nearly 4 hours while waiting to take a drug test, which should have been conducted at a testing center. During this time, company employees frequently asked why I was in the office. No one informed me of the reason for this delay, and I suspect it may have been related to a "show cause" result. I am seeking guidance on whether my rights have been violated and what steps I can take.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Your situation at UPS raises legitimate privacy concerns. Being made to wait in an office with the door open for four hours while colleagues inquired about your presence could potentially violate your right to confidentiality during workplace drug testing. Employment drug testing typically includes provisions for privacy and dignity, and the prolonged wait without explanation may have compromised these standards.

You might consider first reviewing your employee handbook and any drug testing policies UPS has in place, as these documents often outline the proper procedures. Next, consider discussing the incident with your union representative if you're a union member, as they can advise on potential collective bargaining violations. Documenting all details of the incident, including dates, times, names of individuals present, and your recollection of events will strengthen any case you decide to pursue.

If informal resolution proves unsuccessful, you may want to file a formal complaint with your company's HR department or consider consulting with an employment attorney who can evaluate whether this incident constitutes a privacy violation under applicable laws. Depending on your state's regulations, there may be specific protections regarding workplace drug testing procedures that could support your position. Remember that many states have time limits for filing workplace complaints, so investigating your options promptly would be prudent.

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