Privacy Issues in the Workplace

directed the employee to enroll in a 30-day inpatient alcohol treatment program, and when the employee refused, his employment was terminated.

The employee brought suit alleging a violation of CMIA and invasion of right to privacy. The court found for the employee against both the physicians and employer. A physician may only disclose the functional limitations of the employee. The employer also violated the CMIA by acting on the improperly obtained medical information. The physicians and employer also invaded the employee’s reasonable expectation of privacy, without a compelling interest to justify such intrusion. Shaddox v. Bertani 261 A dentist reported suspected prescription drug abuse by a police officer to the officer's employer. The dentist had originally prescribed Vicodin following the removal of the officer’s wisdom teeth. Months later, the officer became irate after the dentist refused to renew the prescription. The dentist reported the behavior to the police department, which initiated an investigation and disciplined the officer for “improper conduct.” The officer sued alleging a violation of the CMIA. The dentist’s disclosure was permitted under the CMIA since a state statute directed agencies that employ peace officers to establish a procedure to investigate complaints by members of the public.

D RUG AND A LCOHOL T ESTING AND I NFORMATION

S ECTION 4

Drug and alcohol testing, like general medical testing, is subject to restrictions that protect an employee’s right of privacy. In this area, the employee’s interest is in the freedom to engage in off-duty conduct, but employers have a strong interest in maintaining a safe and drug-free workplace. Drug and alcohol abuse testing programs, especially those implemented by public employers, have become a common source of litigation. One reason is that public employers, unlike private sector employers, are subject to constitutional restrictions regarding privacy and due process. Testing programs, especially if carelessly or unfairly administered, can also result in tort liability for defamation, invasion of privacy, assault and battery, or intentional infliction of emotional distress. Thus, it behooves every employer to develop a clear, even-handed drug policy that not only assures a drug-free work environment but adequately considers an employee’s right to privacy. A word of caution: many of the legal issues involved in this area are still being defined by the courts. Consequently, employers are strongly advised to consult with legal counsel in order to keep abreast of changes in the law.

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