Employment Law

Is it illegal for a woman to observe a man peeing during a…

This answer was rated:
Is it illegal for a...
Is it illegal for a woman to observe a man peeing during a urine screen? My friend went to take a drug test and there was only a woman there.
His form did not say he needed to be observed, but she insisted to watch him pee. He refused and she reported him as failing.... Read full answer
Is it illegal for a woman to observe a man peeing during a urine screen? My friend went to take a drug test and there was only a woman there.
His form did not say he needed to be observed, but she insisted to watch him pee. He refused and she reported him as failing.
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 2 minutes by:
5/24/2018
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 135,513
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are
seeking for educational purposes only.

There is no law preventing female medical personnel or lab workers from observing a urine test, in accordance with DOT standards, or from using a male medical lab worker to observe a female test. The form does not have to state the person has to be observed, but the DOT standards and guidelines state to have a proper test the lab personnel need to validate the sample, which means they have the right to make sure it is not adulterated or tampered with, not that your friend would do that, but many people looking to beat a drug test will.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Employment Law Question
Customer reply replied 1 year ago
I see.
Well, he felt uncomfortable with what happened - he said the woman patted him down, touched his genitals, and made him lift uo his clothing for her to inspect. When he peed in the container he could clearly see the strip said that it was 96 degrees and she insisted it was 93 and he was going to have to pee in front of her (this is after the strip search). He felt like he was being harassed and left. Now he is in trouble. I suggested he call the woman's supervisor at the testing site and explain what happened and why he felt it was improper and ask them to potentially retest?He has done about a dozen tests and never once has been groped or asked to pee in front of someone.

Thank you for your reply.

Just because he has never been asked before or it has not happened before does not mean it cannot be allowed. You asked if it is illegal, it is not illegal and the DOT drug testing guidelines allows a testing facility to observe the test/sample provision to insure integrity.

Ask Your Own Employment Law Question
Customer reply replied 1 year ago
What is dot?

Thank you for your reply.

The DOT is the US Department of Transportation, which is the agency whose drug testing guidelines are used in all areas of drug testing and not just for transportation employees. The labs conducting valid drug tests need to follow DOT guidelines no matter who they are testing as a means to validate the tests.

Ask Your Own Employment Law Question
Customer reply replied 1 year ago
This is what their regulations sayg) As the collector, you must ensure that the observer is the same gender as the employee. You must never permit an opposite gender person to act as the observer. The observer can be a different person from the collector and need not be a qualified collector.

thank you for your reply.

If available, they have to have someone of the same gender, so if they had no male employee available it is still not illegal.

Ask Your Own Employment Law Question

You asked if it is illegal, it is not illegal.

Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 135,513
Experience: 20+ Years of Employment Law Experience
Verified
Law Educator, Esq. and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 1 year ago
Well I don't see where it says that if no one is available .
It seems like this person was being harassing but thanks for letting me know

Now, as far as observation, this is the only time observation is required:

  • The employee attempts to tamper with his or her specimen at the collection site.
  • The specimen temperature is outside the acceptable range;
  • The specimen shows signs of tampering ~ unusual color / odor / characteristic; or
  • The collector finds an item in the employee’s pockets or wallet which appears to be brought into the site to contaminate a specimen; or the collector notes conduct suggesting tampering.
  • The Medical Review Officer (MRO) orders the direct observation because:
  • The employee has no legitimate medical reason for certain atypical laboratory results; or
  • The employee’s positive or refusal [adulterated / substituted] test result had to be cancelled because the split specimen test could not be performed (for example, the split was not collected).
  • The test is a Follow-Up test or a Return-to-Duty test.

So, if they observed and those conditions were not met, he has a complaint for harassment and invasion of privacy against the lab.

Ask Your Own Employment Law Question
Customer reply replied 1 year ago
Okay well she said it was 93 he says he could see the test strip read 96

Thank you for your reply.

So that is the reason. If they had a male employee available and did not use one, then that is another issue of invasion of privacy. If they are lying about the temperature and the test comes back invalid, then that is part of the case against the lab for negligence.

Ask Your Own Employment Law Question
Still looking for an answer to your question? 
Similar Q&As
Loren. I know you answered this already but my son says I
Hi Loren. I know you answered this already but my son says I have to tell you the whole story. So he did go for pre employment drug test but he knew he would fail because he smoked pot. So he did some… read more
Loren
Loren
39,704 satisfied customers
My son was fired from his trucking firm almost 2 years ago
My son was fired from his trucking firm almost 2 years ago because he felt uncomfortable with the observer during a drug screen test. He asked for a different observer and they told him that he was fi… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney,
135,513 satisfied customers
I live in Georgia. My husband went into a routine drug
Hello, I live in Georgia. My husband went into a routine drug screen. He got a phone call while he was waiting to go in and ended up getting into an argument with the tester because he picked up the p… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer,
Juris Doctor, Cum Laude
13,841 satisfied customers
Stop searching for answers—
I was recently screened due to an anonymous tip hotline by
I was recently screened due to an anonymous tip hotline by my employer for drug use. This test was observed, meaning someone was in the restroom watching me urinate. My employer claims that the tip ga… read more
P. Simmons
P. Simmons
Attorney,
Doctoral Degree
40,087 satisfied customers
My husband works Airlines, and is subject to random drug
My husband works for Delta Airlines, and is subject to random drug testing. He has been having health issues for the past year and is in the process of getting it all sorted out. He was on short-term … read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
12,132 satisfied customers
My husband was told he had to take a random drug test at
My husband was told he had to take a random drug test at work. He was forced to do this is the wonens locker room / bathroom. He told them he did not feel comfortable doing this with a woman in there.… read more
Patrick, Esq.
Patrick, Esq.
Doctoral Degree
10,101 satisfied customers
Get a personalized answer to your question. 
In the state of what are an employees rights when it comes
in the state of Washington what are an employees rights when it comes to drug testing. Background: marijuana was recently found on company grounds. The company is now requiring mandatory testing of al… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer,
Juris Doctor, Cum Laude
13,841 satisfied customers
In the spring of 2014 I was harassed and slandered a little
In the spring of 2014 I was harassed and slandered a little about possible drug use this finally came to a company safety man making me take my pants and underwear down to my knees after searching my … read more
Andrea, Esq.
Andrea, Esq.
Attorney,
Post-Doctoral Degree
10,512 satisfied customers
I am employed in the state of Hawaii.I am a member of the teamsters
I am employed in the state of Hawaii.I am a member of the teamsters union. I work in a warehouse at night. I recently got into an argument with a Co worker where I yelled at him and it was only me and… read more
Andrea, Esq.
Andrea, Esq.
Attorney,
Post-Doctoral Degree
10,512 satisfied customers
Still looking for an answer to your question? 
In alaska wallmart employee wanting to appeal termination.
In alaska wallmart employee wanting to appeal termination. 21 y/o working in the milk/egg cooler for about 4 hours into his shift inadvertantly bumps head and tries to follow company rules by reportin… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer,
Juris Doctor, Cum Laude
13,841 satisfied customers
my husband must submit to a urine test because he has a hazmat
my husband must submit to a urine test because he has a hazmat cdl license the problem is that he cannot pee in front of anyone...even in restrooms he has to use the stall. The last two times he strip… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,767 satisfied customers
I work for the department of sanitation in NYC. I was involved
I work for the department of sanitation in NYC. I was involved in an vehicular accident at work. However my truck was parked and the other car crashed into the back of my truck while going very fast. … read more
Sam
Sam
Attorney,
Doctoral Degree
10,701 satisfied customers
Stop searching for answers—
is giving a urine sample, having it dumped because collector
is giving a urine sample, having it dumped because collector wasn't watching person taking test, as he/she was giving two at a time in different areas and unable to see person peeing. said urine taint… read more
legaleagle
legaleagle
Attorney,
Doctoral Degree
7,048 satisfied customers
I have what they refer to as a shy bladder and was recently
I have what they refer to as a shy bladder and was recently called in to my office for a random drug test along with about 5 other people . I was not able to give a sample on demand and was told to wa… read more
N Cal Atty
N Cal Atty
JD
7,283 satisfied customers
Im a employee of a company in Houston,tx. I need to know if
I'm a employee of a company in Houston,tx. I need to know if it is legal for my employer to have a doctor stand and watch me take a urine test and not make him watch everyone else. Or can they even st… read more
INFOLAWYER
INFOLAWYER
Partner,
Doctoral Degree
66,909 satisfied customers
Get a personalized answer to your question. 
I am a 32 year old male. I was recently terminated from my
I am a 32 year old male. I was recently terminated from my position as dealer at a New Mexico Casino under the following circumstances. I was tapped on the shoulder for a random drug test. I had relie… read more
JB Umphrey
JB Umphrey
Lawyer,
Juris Doctor
6,273 satisfied customers
my employer fired me 3days after i got hurt at work. they
my employer fired me 3days after i got hurt at work. they claim i refused to take a accident test (bth&uri) although i blew a oo and peed in a cup that the nurse threw out, stating it wasn't enough th… read more
N Cal Atty
N Cal Atty
JD
7,283 satisfied customers
i live in kansas. my employer is fed ex express. they gave
i live in kansas. my employer is fed ex express. they gave me a random drug test. a week later i got another that was observed by the doctor. a week later another the same way. they said they weren't … read more
JD
JD
Doctoral Degree
1,328 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,841 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,729 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,293 satisfied customers

Exclusively practice labor and employment law.

ScottyMacEsq

ScottyMacEsq

Lawyer

3,526 satisfied customers

Licensed Texas General Practice Attorney

Ray

Ray

Employment lawyer

2,938 satisfied customers

30 years in Employment law

AttorneyTom

AttorneyTom

Lawyer

2,469 satisfied customers

Attorney

< Previous | Next >

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less
Allen M, JD

Allen M, JD

Employment Lawyer

20 years of experience in Employment Law and Litigation

21,103 Satisfied Customers

Pearl avatarPearl, Assistant