Is this employer doing something illegal?

Question

Is it illegal for an employer to require employees to sign a form consenting to the following:

1. Random searches of personal property, including vehicles parked in a company lot
2. Notification when an employee is taking medication, prescription or OVER-THE-COUNTER. The employer wants to contact the employee's physician to ensure the employee can function in the workplace.
3. Random drug tests if the employer smells drugs or alcohol, a co-worker complains, the employee has ATTENDANCE or behavioral issues, or the employee is involved in an accident

An accident - fine. A supervisor's certain they smell something - a little scary, but fine. A co-worker complains - HECK NO! Attendance - um, no. Behavioral issues - okay, fine.

But searches of personal property anytime they see fit?? Reporting every time one takes over-the-counter meds so that the employer can call the doctor??

Am I crazy? Or is this outrageous and/or possibly illegal?

Any advice is sincerely appreciated!

I'm not being asked to sign it as a condition of employment for an offer. I've worked here almost 2 years and NOW they want everyone to sign this. I'm concerned that I lose my job if I refuse. At the very least, I KNOW it will jeopardize my future progress here. What choice do I have though? Unless I quit? I'm not prepared to do that today. I have nothing to hide - no durg use, no attendance or behavioral issues. I just cannot believe I will have to report every time I am taking a prescribed or over-the-counter medication. And have my manager call my doctor? Eeeew! The search thing just scares the bejesus out of me. Again, nothing to hide, but who searches? My male mgr or my female mgr? Will my male mgr can see my condoms, tampons, love notes, tiny vibrator...?? Whatever. I don't carry those things, but what if someone does? How awful for them to be subjected to a search because, say a co-worker who hates them complains. I'm completely torn and distraught about this. HELP!

Answer 1

It's outrageous but not illegal.

I think you need a new job.

Answer 2

Part of the problem is that the courts have ruled that a company is responsible for the actions of its employees even in cases where they violate the company's rules or laws. It sounds like your company is going overboard; however they are notifying you up front that they will do this and making it a condition of employment. You will have a very hard time overturning this. I'm also sure you can find an attorney who will take your money if you choose to fight it. Actually accomplishing something other than making money for your attorney is a different story.

Answer 3

This sounds illegal. I would contact a lawyer who deals with Employment Law/Privacy Issues. This is an invasion of privacy, and no one has the right to ask what medication you are taking (the only exception would be when you are taking a drug test for employment purposes - which would be confidential). Also, there are a number of medical privacy acts that cover patient rights regarding this kind of information.

Are you sure you really want to work here?

Answer 4

I know it sounds wrong, but to the best of my knowledge, it IS legal. As a matter of fact, it is quite common for larger companies (particularly in the manufacturing/production sector) to have such policies. If you do have ANY questions about it, please contact an an government agency who is familiar with these issues and never an attourney unless they CAN NOT assist you, b/c if you accidently contact the companies attourney or an attourney in which helped an employee of the company in reference, then the company WILL find out about it. If I am not mistaken, they have to justify why they have these policies and probally can do it. I wish you the best of luck!

Answer 5

Most forms of discrimination are quite legal in the u.s. An employer in interstate commerce may not base employment decisions on gender, but there is no broader restriction and an employer could, for instance, hire only people who appear to be "nice" or "friendly."

Answer 6

YES...this is definitely legal in some jurisdictions...you need to speak to a human resources legal professional/labor law professional...but I am fairly sure your employer knows what they can do and what they cannot do.

It is rough out here today as a lot of so-called 'personal freedoms' are disappearing by the minute.

Only recourse we have is to stay informed and stay clean of any potentially problemmatic behavior

Answer 7

some of this sounds legal and some are violations. they don't have the right to contact your MD's office. that is a violation of the HIPAA act, that much i do know. Random drug testing, they have to right if they find cause to do so. i am not sure about the searching of personal property. You may have to contact legal advice on this one. it seems a bit too much...but when you sign those waivers you put yourself in a bind.

Answer 8

Having your employer do random searches and telling the employer when you are taking a OTC drug is crazy. The random search is protected in the constitution (article 4 http://www.house.gov/paul/const-amend.html)
The drug tests are legal (I believe w/ consent)

Answer 9

I think the only person who can answer this question is an attorney that deals with these issues every day.

Answer 10

Well technically if you signed it it IS legal but.....you shouldnt have to report OTC drugs OR be given RANDOM searches without reason. THAT is illegal.