Legal Question in Employment Law in New Mexico

After providing a urine sample for a "random" workplace drug test with negative results, I was instructed to return to restroom where i was basically strip searched by the women who had supervised the collection of my sample. Was that legal?


Asked on 9/23/09, 5:18 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Probably not, but it is done to see if someone has smuggled a false urine sample or otherwise attempted to fool the test. If you are a woman, there is probably not a lot you can do but complain to the HR division, in writing, or call the EEOC. If you are a man, obviously the situation is less legal, but there is nothing practical to do as a civil rights lawsuit would likely fail and would certainly cost more than you could expect to recover. If you do nothing, the practice will continue. If you go on record with a complaint, perhaps enough will be filed to get some action. Good luck.

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Answered on 9/29/09, 1:43 pm


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