Peter Giaccio Jr., a boilermaker for New York City’s Department of Transportation (DOT), sued the department for leaking the results of a random drug test that revealed marijuana use. Giaccio, being in a “safety-sensitive” position, was subject to random testing, which he failed twice. After each test, the DOT placed him on medical leave without pay to get treatment and, after treatment, reinstated him.
In November 2003, Giaccio received a call from his brother, DOT borough commissioner John Giaccio, saying his drug tests would be featured in an upcoming Newsday article.
Later that month, the DOT ordered that locks be placed on all file cabinets containing personnel records. The following day, an exposé appeared in the newspaper citing Giaccio’s drug tests.
The court noted that the locked cabinets suggested that drug tests were kept in personnel files, which violates the ADA. But Giaccio lost his case because he could not show damages resulting from the exposure.
This one was a close call for the DOT. Remember to keep all medical information, including drug-test results, in separate, locked files.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/3647/dot-squeaks-by-drug-test-leak "