Employment Law

I am starting a new job next week as CFO of a company. An…

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I am starting a new...
I am starting a new job next week as CFO of a company. An offer has been extended and I accepted this week. The offer states I must be able to meet "work related physical and medical requirements", which were not defined in the offer other than to state I must be able to lift 30 lbs. per the job... Read full answer
I am starting a new job next week as CFO of a company. An offer has been extended and I accepted this week. The offer states I must be able to meet "work related physical and medical requirements", which were not defined in the offer other than to state I must be able to lift 30 lbs. per the job description.

Now the questions - I go in for the pre-employment "drug test, physical, and lift test" on Monday. My concern is the physical aspect of this statement - if they get all they need for drug testing from a urine sample and/or hair sample, are they allowed to draw blood and test for everything under the sun to check my medical condition in all ways possible??? Blood is much more revealing than urine and hair for other medical ailments (not that I think I have any). Wouldn't this be a potential violation of HIPAA? I don't see how this would be any different than asking a woman if she is pregnant during an interview.
Submitted: 9 years ago.Category: Employment Law
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Answered in 25 minutes by:
12/3/2009
Employment Lawyer: wallstreetfighter, Employment Lawyer replied 9 years ago
wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
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they are allowed to ask for a blood test, and these tests are intrusive, however they are allowed, as the US Supreme court has stated. Illinois, also does not prohibit them from asking you to take the test. They would not be in violation of HIPAA as the employer is not a "covered entity". They may be in violation if they disclose the information, and the must keep it confidential.
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Customer reply replied 9 years ago
So let's say they retract the offer 3 days after I take the test, and claim it is due to a failed drug test,, even though the reality is they don't like my cholesterol level...or some other bogus non-drug-related medical reason. Again, I have no known medical condition, but I will also be supervising HR and I want to get this understood next week.

As you stated your first answer, it seems the employer can discrimnate against an employee for medical reasons and the Supreme Court is OK with that? Since they control the tests and the lab, anything could happen. Can I demand that I get my drug tests back immediately? That way I can distinguish through the use of time (since they couldn't do all medical testing while I wait) the difference between a possible negative drug test result and a negative medical test relating to pre-existing conditions?
Employment Lawyer: wallstreetfighter, Employment Lawyer replied 9 years ago
they could only rescind the offer if they found out you had some major disability that would not allow you to perform your functions as they stated lifting 30 pounds, also if you had some illness or disability they could not neccessarily terminate you as it may violate the ADA.
wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17,267
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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Customer reply replied 9 years ago
ok. thanks. I think if do end up taking a blood test (which I am OK submitting to because I am in good health), I will ask the CEO/owner what that objective of blood tests are for office personnel particularly. I personally believe it is not ethical when the urine and hair tests complete the objective, and it simply opens up windows for employees who are terminated later to claim the company learned something in the pre-employment screening that it didn't like, and that's the "true" reason they were terminated.

I'll accept your answer now.
Employment Lawyer: wallstreetfighter, Employment Lawyer replied 9 years ago
I would not worry too much as they have become standard
wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
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Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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