At different points in your life, you may be asked to take a drug test. You may be applying for a new job. You may be taking on a supervisory role at your current gig. There may have been an accident or workplace incident. Your school may request one. Or, maybe, your doctor is requesting a drug test to help you with medical issues.
But what happens when that drug test turns up a false positive?
As recently reported in the New York Post, two pregnant women who ate bagels with poppy seeds before heading to the hospital to give birth were administered drug tests upon arrival. They tested positive for opioids despite only having eaten the bagels. And as mandated by law, the hospitals then reported the women to the New Jersey Department of Child Protection and Permanency (DCPP), citing the possibility of abuse and neglect.
You can imagine what happened next. These women's lives were turned upside down. All because of a bagel craving.
Are You Required to Take a Drug Test?
In the case of these pregnant women, a drug test was not warranted. Nor were they given any warning that a drug test was going to be administered. They are now suing those hospitals for administering the drug tests without their knowledge or consent – stating it was done “in the absence of medical necessity.” They claim the tests were a violation of New Jersey's Law Against Discrimination (LAD), which prohibits discrimination based on sex and pregnancy.
While it will take time for this lawsuit to make its way through the courts, it raises important questions about the legality of drug tests, especially now that marijuana use is legal in the state. Currently, in New Jersey, employers, schools, or other entities should only drug test people if passing is a condition of employment or if they believe a person has caused or contributed to an accident due to being under the influence. If you are required to take a drug test, you should be made aware of it – and be offered the opportunity to decline.
Make Sure Your Rights Are Protected
If you have been administered a drug test without your knowledge or consent, or a test has yielded a false positive result, you should make sure your rights are protected. You have worked hard for your current employment or higher education. You shouldn't lose either because of an issue over drug testing.
If you are facing a situation that involves a positive or false positive drug test that may affect your job or your education, it is important that you retain an experienced criminal defense attorney who is well-versed in the state's laws regarding drug testing. The right criminal defense attorney can act as your advocate, cutting through the red tape and helping make sure your rights are protected every step of the way.
When you retain attorney Joseph D. Lento and his criminal defense team at the Lento Law Firm, you are in a better position to get a good outcome – and ensure one drug test doesn't change the course of your future. Contact Joseph D. Lento and the Lento Law Firm today to discuss your case at (888) 535-3686 today.
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