Criminology report-Kentucky law:can an employer disclose to future employers the results of a failed drug test?

[dubh35]

Long satisfactory work history, then failed drug test, is that now public information to anyone that inquires? So what are the Kentucky worker privacy laws regarding this issue?

[denzell]

I don't know where the 2 earlier posters got their information, but I get a feeling it's from up their butt. The Americans with Disabilities Act clearly states the results of pre-employment and random drug tests are confidential. An employer CANNOT share it with other employers. They can't sell your results to a newspaper, either. They can't put it on their website that you failed. They can't tweet the fact that you failed.

If they do disclose it, you can sue them.

Anyway, given the totally futile nature of these tests, I don't really see the point. Drug-free workplace essentially means they'll only hire people who may very well be total alcoholics, but at least those alcoholics can stay off weed for a month and every other drug under the sun for a maximum of about 10 days. You can snort a kilo of cocaine 3-5 days before the test and pass.

Yeah, stay clean. Cuz that's what drug tests do. They make sure everyone is clean.

lol.

[marq]

It depends on the kind of employer we're talking about. Certain professions that require professional licenses (nurse, commercial driver's license, etc) could require that the employer to take certain sanctions and they would be obligated to pass the drug test results on to any future employers.

Most employers won't have this obligation though. However, a failed drug test is not protected information. Employers would be free to share this information if a future employer called for a reference check. Good reason to not do drugs at work.

[curadhan74]

An employer may reveal any TRUE information, including the reason for termination.