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Supreme Court of Ohio - Case No. 2018-1431 - Lunsford v. Sterilite of Ohio, L.L.C.
Donna Lunsford et al. v. Sterilite of Ohio LLC et al., Case No. 2018-1431
Fifth District Court of Appeals (Stark County)
ISSUES:
- Do employees of a private employer in Ohio have a reasonable expectation of privacy as far as whether they report to work under the influence of drugs or cheat on a drug test?
- Without allegations that a private employer's manner of drug testing isn't job-related and consistent with business necessity, can an at-will employee make a claim against the employer for invasion of privacy?
- Does requiring employees to provide a monitored urine sample to independent laboratory personnel as part of an employer's random drug testing policy constitute an invasion of the employees' common law right to privacy as a matter of law?
- Does Ohio law allow an invasion of privacy lawsuit against independent third-party laboratories or their trained staff when the employee signs a consent form?
Fifth District Court of Appeals (Stark County)
ISSUES:
- Do employees of a private employer in Ohio have a reasonable expectation of privacy as far as whether they report to work under the influence of drugs or cheat on a drug test?
- Without allegations that a private employer's manner of drug testing isn't job-related and consistent with business necessity, can an at-will employee make a claim against the employer for invasion of privacy?
- Does requiring employees to provide a monitored urine sample to independent laboratory personnel as part of an employer's random drug testing policy constitute an invasion of the employees' common law right to privacy as a matter of law?
- Does Ohio law allow an invasion of privacy lawsuit against independent third-party laboratories or their trained staff when the employee signs a consent form?
January 28, 2020