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I applied for a job at a major retailer. They sent me a drug test but I failed the test. Does the assistant manager have right to tell my personal information
to everybody (i.e. that I failed my drug test)? What can I do about this?
Asked on March 15, 2016 under Employment Labor Law, California
Answered 8 years ago | Contributor
Unfortunately, while this behavior was unprofessional, you probably can't do anything since these tests aren't typically considered to be medical tests; if they were then divulging the results would be a violation of HIPPA and you would have a legal claim. As it stands, no confientiality attaches to pre-employment screening tests. Also, since the what the assistant manager said was the truth, you do not have a claim for defamation since truth is a defense.
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