DRUG-TEST PROTOCOL MAY BE UNCOMFORTABLE BUT IT WILL STILL HOLD UP IN COURT

Q I was hired by a large international company, contingent upon passing a
drug-screening test and a background check.

At the clinic, I was told by the doctor to remove all my clothing,
including socks and shorts. When I asked why, he responded that he was
going to do a general physical and then would need to watch me leave my
urine specimen to assure that I was not tampering with the sample. He said
that many people hide bleach, etc., under their clothes to tamper with the
sample.

I couldn't put my clothes back on until I witnessed him seal the sample and
sign the necessary paperwork. After about 30 minutes of standing naked in
the exam room, I was finally allowed to leave.

Is this the standard protocol for drug screens.

- --W.M., Woodland Hills

A It would appear that the amount of time you were required to stand naked
was somewhat excessive.

Courts have found that companies intrude on an applicant's privacy when
requiring an applicant to disclose medications he or she is taking and to
provide, under surveillance, a urine sample that is used to acquire
information about a person's internal physical state. However, the courts
also have found that the intrusion is lessened by the fact that the drug
testing is part of a pre-employment medical exam that a job applicant
reasonably must anticipate.

The courts balanced the intrusion against the employer's interest in
avoiding the financial burdens and morale problems caused by an employee's
use of drugs or alcohol, and determined the limited intrusion caused by the
drug test performed on an individual who already was undergoing a complete
medical examination was justified.

Therefore, while you may have been left standing naked a little longer than
necessary, you are unlikely to win a challenge to the procedure.

You may wish to write a letter to the drug-testing company or to your new
employer after you are hired, explaining your level of discomfort. Perhaps
steps can be taken to minimize the embarrassment for future applicants.

- --Diane J. Crumpacker

Management law attorney

Fried, Bird & Crumpacker