What privacy rights does a job applicant have with respect to drug testing?

Author: Jessica Sussman

Job applicants are free to withdraw from consideration rather than take a drug test. Employers may opt to treat refusals as a positive result or stop considering the applicant for employment.

Applicants generally have the right to give a urine sample without other individuals in the room watching. If there is concern the applicant will tamper with the sample, one person of the same sex may be in the room.