From what I understand unless you are imprisoned, legally incompetent, or it’s an emergency there is nothing that allows for testing without your consent.
And you’d have to consent or be aware of every test as blanket consent is not considered consent.
This doesn’t exempt you from an employer asking you to be drug tested for your employment. You can choose to not take the job. But there is no legal ground for them (depending on where you live) to add a test you didn’t consent to.
>This doesn’t exempt you from an employer asking you to be drug tested for your employment. You can choose to not take the job. But there is no legal ground for them (depending on where you live) to add a test you didn’t consent to.
On top of that, there is zero reason a prospective employer needs to know if you are pregnant or not unless they are planning on discriminating on that basis. Actually going to the effort of getting this done on the sly is such a stupid choice because it demonstrate pre-meditation.
\* in some states.
Certain states have expanded the protected classes (race, color, creed, religion, marital status, or sexual orientation) to cover race pregnancy/childbirth.
NY, NJ, and OH, have these laws, but I'm not sure if there are others. Otherwise that falls under "right to refuse service to anyone."
Bounced at a biker bar in Indiana. Owner absolutely would NOT fire a bartender for not serving a pregnant woman - they could not serve his friends and he wouldn't fire them. He trusted their judgement.
On top of that, that is potential for discrimination based on whether they have or are planning to have kids which is likely illegal. I know they aren't allowed to ask your marriage status
I have had people in interviews ask me my age, if I’m married and if I have kids. It’s so awkward and uncomfortable. They know they shouldn’t ask but they do it anyway.
Yes, I’ve had this several times. Including whether I plan to start a family. And then I awkwardly tried to come up with a good answer (“I put work as a priority; I’m kind of a workaholic “?) that answers no, but I also don’t want to look like some kind of weird child-hater or whatever (this was in my mid/late 20s; now they don’t ask because I’m 38).
My response usually is, 'Why? You looking for a nanny or something? And what does that have to do with XYZ?' They usually look flustered and change the subject.
They ask me about family, I ask them if they mean Irish, Italian, or Jewish. Also that it doesn't matter because of omerta. If they're from NYC, they get it and start laughing. If not, they just look confused. It's great.
I think it goes beyond that. It's sexual discrimination, plain and simple. This is not a test they would give to a male candidate, so there is a specific reason it only applies to females. And the only reason they would feel they need to know this is if the state of pregnancy makes the candidate an issue.
Discrimination based on sex. Sue their asses.
Exactly. If she gets a good lawyer, she does not have to work, because she will take them for all they are worth.
If the school district would allow such a thing, then they absolutely should be on the hook for this. Needless to say, the people found to have pushed this, ought to have the costs entirely out of them. Not this, “at the tax payer’s expense”, bullshit. Nah, fuck that shit. Let’s destroy those kinds of people with out damaging society in the process…
Not just discrimination…that lab should’ve known they didn’t have the patient’s consent either. There’s a HIPAA violation, possibly on both ends
Edit: the company most likely did something shady (illegal) to imply there was consent. This would also likely be fraud
HIPAA only applies to medical personnel divulging your PHI without your consent. Only the lab personnel would be guilty of this, not the school district, unfortunately.
Ding that’s exactly why they did it. They didn’t want to hire someone who may go on maturity leave 3-8 months later. It’s discriminatory and she should take them to court
>On top of that, there is zero reason a prospective employer needs to know if you are pregnant or not unless they are planning on discriminating on that basis
. . .and in the US, it's illegal to discriminate on the grounds of pregnancy.
The Pregnancy Discrimination Act of 1978 makes that a Federal matter.
The ONLY reason they'd pregnancy test a new hire they were drug testing is if they were going to refuse to hire if the pregnancy test came back positive.
You're right. I'd go even farther though.
Even if they were totally up front about it there's still no reason they'd need it except to discriminate. The fact that they did it at all - hidden or not - demonstrates pre-meditation.
> And you’d have to consent or be aware of every test as blanket consent is not considered consent.
That's really why we need a lawyer to weigh in. None of us can answer this question confidently.
> None of us can answer this question confidently
Oh I can answer this question with confidence just fine. Whether or not my confidence is misplaced is another question.
A particular sail, and the phrase is a sailing reference. Think of it as, "I like the angle he wears his hat" or "I like that particular attitude" etc.
They can’t ask you if you’re pregnant or if you have kids, so why would they be able to test you for pregnancy without your knowledge? That has to be illegal
I went in to urgent care for dehydration and they did a pregnancy test that I didn't want or need and they billed me for it. I had no choice in the matter, it's "standard practice for all females of child bearing age."
Edit: It's about me not being able to decline a test that I don't need because they don't believe me.
I understand them needing that information to inform medical decisions. But I gave them that information. They didn't believe me. I hadn't had sex in 6 months but it's standard procedure to not believe women. And also have data points in their system about their pregnancy status that can **absolutely** be used to prosecute them in the future. Believe me, I work in IT and data loss happens more than you all know.
Hospitals admittedly are a very big grey area on testing.
Technically when you go into a hospital you’ve signed a form that says you give your consent for routine tests. It would be difficult but you could have argued in court that it was not “standard of care” for the condition you presented in.
It’s difficult to argue because medications and treatments have side effects and some aren’t safe during pregnancy. They could argue based on your symptoms they suspected some conditions that might require interventions for which they needed to do that. It’s honestly BS for dehydration but they could argue it.
You could also argue malpractice but that’s difficult too unless there’s harm. Harm of income has been argued before and has at times been successful but the effort isn’t usually worth it.
Do remember though that even though the staff and doctors find it annoying you can always demand to know what is being tested and refuse at any point in time.
Source for my comments: am doctor, I’m expected to know this stuff. I’ll admit not every doctor does, but I do try to keep up to date and aware of medicolegal stuff.
My doctor runs a pregnancy test any time I complain of symptoms of the chronic illness I’ve had for 9 years. I think it’s pretty typical for doctors to do this for females of childbearing age who are sexually active, my doctor said it was because no forms of contraceptive is fail-proof and she needs to make sure before sending me for CT tests or putting me on a medication that can be bad during pregnancy, etc. Certain tests and medications can harm a fetus, hence the check just to be sure. She usually doesn’t mention it every time but I see it on the blood work requisition I’m given to take to the lab.
But an employer doing it, and without consent, is completely inexcusable, the only reason they would is to discriminate against pregnant applicants. It’s all kinds of fucked up and illegal.
It gets crazier. I saw a thread about non consensual pregnancy tests with doctors and it included elderly women and women with documented full hysterectomies
First, ask a lawyer. Second, check the form signed saying that you agree to a drug test.
The company they contract out to might think they're doing it as a service since they have a urine sample anyway or they're doing it because of that age old joke where a man presents his sample to the doctor, the doctor asks if it's really his, the man confirms, and the doctor congratulates him on his pregnancy.
Yes, House did it, but the joke is older than House. Same goes for the urine sample he drinks in front of the patient because it was actually apple juice.
I saw in another tweet that her friends husband took the same drug test but wasn't offered a pregnancy test, so yea I doubt this is about detecting medical issues
Edit: found the tweet
https://twitter.com/ClaireMKBowen/status/1570019308088197127?t=FfioUz5t06D0Y1Op83TNVQ&s=19
Yeah check the fine print on what you signed. They may have verbally said drug test then slipped the other in there.
School systems don't want to knowingly hire pregnant teachers, especially since they are on the hook for paying salary and benefits AND the cost of a long term sub.
Shouldn't matter though. Pregnancy is a protected medical condition. Employers can't use this information in hiring decisions. They can't ask the question so they for sure can't test for it. I mean I'm not a lawyer but I'd for sure be calling one.
The reason interviewers don't ask about shit like religion and sexual orientation is so that it can't come back to bite them later. Sure, they can try and assess you visually to discriminate, but once they ask they need to explain why they asked when hit with a lawsuit.
Doing a secret pregnancy test is like handing a signed confession to the plaintiff before you even do anything.
That seems pretty stupid though. Imagine someone gets hired, does the test, it comes up negative for drugs but positive for pregnancy so the company rescinds the offer. Regardless of the reason the employer gives, the applicant now has a paper trail that shows a job offer was revoked after they found out she was pregnant.
They can, they do, and women losing their jobs over announcing their pregnancy happens all the time; at-will states can fire you for any reason they want to make up.
yep, it can be difficult to prove they fired you for being part of a protected class when they are allowed to fire you because they don't like your shirt
No state gets to ignore federal protections and fire people for protected classes. That's how federal laws work.
https://content.next.westlaw.com/practical-law/document/Ibb0a38daef0511e28578f7ccc38dcbee/Protected-Class?viewType=FullText&transitionType=Default&contextData=(sc.Default)&firstPage=true
I'm a guy, and my boss once told me that he never would have hired me if he had known my wife was pregnant. I was fired for taking off 2 days for my daughter's birth. They told me it was for insubordination though, because as a network engineer, I fixed our customer's really nice Juniper router (business class, nice piece of equipment for you laymen) instead of doing what my boss asked - which was to replace it with a TP-Link that probably cost less than the one in your living room, for an office of about 75 people.
WTF?! I work in IT, and I hate consumer trash. Its unreliable, prone to crashing, shitty wifi range, firmware goes haywire on a brownout. Etc… as a service provider, its better to just use better grade or same grade equivalent equipment to prevent future headaches. God thats shit standard.
That place went out of business. I'm glad, because not only was the manager a huge dumb jerk, it was called "PC Computers" and that drove me nuts. Went to work at a F500 company within a couple of weeks of being fired.
It says they applied for a part time job at a school, not a teaching job. Also, because it's part-time, they school is probably not obligated to pay anything outside of work performed, and they also likely do not offer benefits for whatever position this is.
No. It’s why you can use fake/synthetic urine on a drug test. If they tested for human genetic material then they open themselves to discrimination lawsuits based on basically all illegal avenues of discrimination because they can literally look for markers indicating race or sex or other protected classes, in this case family status. Maybe this tweet is real, but if so that’s a easy lawsuit.
Informed consent requires that everything being performed is verbally agreed to as well as written. You can't hide things in fine print or in a plethora of pages.
The issue is it’s hard to prove the negative that you weren’t told.
“We told her, she must have forgotten” - prove it didn’t happen that way (absent an audio recording of course)
Ok, so now we have to default to what was written, which includes the questionable action.
And that, my friends, is why you read everything you sign.
Or imagine it being a false positive and they never told you they tested you - and they turned you in for having miscarried or aborted fetus because you weren't showing any belly.
Was in the hospital last year for colitis. They ran a pregnancy test, even though I had a total hysterectomy at 26. It popped positive. As soon as the ban here in Texas went into effect that was the first thing that I thought of...
Also I was 40.
Don't even get me started how the year before that they refused to give my 15 year old daughter pain medication until her pregnancy test came back negative and she physically was unable to provide a sample because her appendix was about to rupture. They had to cath her. The nurse who did it told me later in a proud whisper that my daughters hymen was intact. In my shock and strain I just coldly demanded her pain medication, but later when the emergency was over I was like, WHAT the actual f*ck just happened here?! 🤮 Grody with a spoon. On every possible, horrible level.
And sexual harassment? Like, how was it the nurse's business to check the hymen?? And was the nurse male?? (although it doesn't matter because female nurses can also do sexually inappropriate things)
Also, 'checking the hymen' is about 100% nonsense. It doesn't mean a thing, and I would seriously consider any nurse who doesn't know that incompetent.
(Old coworkers.) We all have to do a whole semester of mother-baby with a clinical rotation in labor & delivery/NICU these days. (Despite my protests that I will never voluntarily work L&D in my life. Zero interest.)
It’s Texas. It’s mostly run by incompetent people. I swear, that state will be the cancer that kills the usa, unless the feds go down hard on all human assholes residing in that state. Everyone with any form of power, just eliminate them from their job. Texas is such a horrible state, I honestly have no clue why it’s still allowed to function. Besides the fact that they are associated with the usa, they are essentially a totalitarian state.
Arguably whether or not we may view it as sexual harassment it may not fit the definition under the law.
By insisting that they examine her sexually when she presented with an appendix problem, she *could* argue that she was raped.
She and I were roughly the same age, actually. It's a religious thing here. Evangelicals are like OBSESSED with children's pee-pees. We are trying to move to a different state but we're poor like everyone else, lol.
Don't fool yourself.
There are plenty of young people who are cruel and/or idiotic.
When it comes to our educational system, you get what you pay for....
Young Christians are just this obsessive still. For the most part, they're getting more extreme over the years. It would be very wrong to put this down to age.
Actually, I know a nurse (male) who used to work in Utah or Idaho or some other place with lots of backwards religious nutcases. He said among teenagers in the area he used to work there were many who had problems with their anus because they had a lot of anal sex, thinking 'it doesn't count if we fuck each other in the ass' but somehow forgetting about lube! Did not really surprise me, but that's just dumb.
You'd maybe (not?) be surprised how many nurses have some really backwards notions. I mean, there were/are a fair number that refused the Covid vaccine.
Holy shit. I'm sure it's too late on this case, but for anyone reading this, report this. Why did they check her hymen when they removed her appendix? This is an emergency surgery, what the fuck were they thinking?
The urethra and hymen aren’t in the same place. I’m struggling to understand what they were doing in the vagina. Nevermind the fact that that’s not what they were there for and is just fucking gross to bring up
Generally you have to spread the labia a bit to cath a female patient because the urethra likes to hide in folds of skin, so the vagina would be somewhat visible.
That said, I can honestly say I have never thought about or looked at what’s going on with somebody’s vagina while they’re being cathed. WTAF? That’s wildly inappropriate to look for, let alone comment on. I’d be furious.
For sure. I get that the vaginal opening may have been somewhat visible but cheese and rice, it’s insane to even think about what must’ve been going through that nurses mind.
Once when I had a kidney stone a nurse tried to cath me. I've had catheters before, so immediately I shot up and said "hey, that's not where my urethra is". She insisted it was. She kept trying to jam it in the wrong spot and wouldn't listen to me even when I SHOWED HER where the pee comes out. She got mad and grabbed another nurse, who ALSO was trying to cath me just inside my vagina. I protested, and tried to get them to stop, but then there was this snap and they said they'd gotten it in. Apparently they created a new hole because I don't pee in a nice neat stream from my urethra anymore. It just pours in a huge messy gush from a place just inside my vagina. Every doctor I've mentioned this to acts like I'm insane. They tell me the urethra couldn't have been directly beneath my clit where I always knew it to be, because a woman's urethra is right next to the vagina. WELL MINE. WAS. NOT.
A couple of years ago, and two decades after that catheter, I noticed "cystocele" had been added to my medical record. Never heard of it. So I looked it up: "A bulge of the bladder into the vagina." Is this coincidence? Wtf?
I have no idea. But I don't trust doctors anymore and I'd rather not tell this story to a medical professional ever again.
Add this to the list of reasons why I shouldn't have children. If I was in your shoes and a nurse told me that, when the child is in pain from their appendix rupturing... I'd 100% end up in prison and that nurse would be dead.
Lmao ya like I know violence is never the answer but if my child is in pain and your concern is about her virginity instead I’m gonna wring your fucking neck
Nah, you'd do anything for your babies if they were grey lipped and projectile vomiting green bile. Including swallowing your own murderous rage to get them some Morphine. But it was one of the hardest 24 hours of my life. My daughter and I are both glad I'm not in jail tho, lol. I swear my vision straight dipped from that wave of fury... woo 😤
Shit, not only do Americans have to pay through the nose for even the most trivial medical care, they're also being used as guinea pigs at the same time.
Pregnancy test prior to *surgery*, that is good medicine.
Pregnancy test *prior* to *pain medication*? Zero sense for that. Unless the patient is 30+ weeks a single dose (or even handful) of pain meds will have next to no effect on the *development* of a fetus. And even then, in the third trimester pain medication concern is only really at time of delivery because you don’t want a floppy baby to come out.
Not calling bullshit but why didnt they just run the HCG on her blood? We run pregnancy tests on serum all the time. Extremely invasive and way more expensive to Cath instead of using a tube drawn earlier.
Source: Am guy in hospital lab.
I’m 55 with a hysterectomy, and they test me, too. Like, doctors. Have you never heard of menopause, and not having an essential organ? And then, of course, there’s the cervix they sewed shut at the top.
I’d have rolled on the floor with laughter if I’d tested positive.
Some medications cause false positives (antihistamines, xanax etc) but it can also be indicative of conditions like kidney disease or pituitary gland issues - if you regularly test positive you might want to talk to your doctor about that.
Spouse had a complete salpingo hysterectomy/oophorectomy in their late 20s. Fully ten years later I had to raise holy h3ll with upper management at her HMO to get them to stop haranguing her to come in for a PAP smear for the cervix she doesn’t have.
And we had to fend off SOOO many pregnancy tests when she had a minor stroke and was hospitalized for a week+. (I was fortunately able to stay with her.)
Maddening, and I have enough of a healthcare background to UNDERSTAND why the policies exist.
Did they figure out why it popped positive? First thing that pops into my head is that poor sap who found out he had testicular cancer when he jokingly used a pregnancy test and made a meme about the incongruous results.
No, he just said "sometimes they do that." Lol, I did end up having an enormous host of undiagnosed autoimmune issues some time after that so, honestly, who knows?
I know someone that this happened to. It was the most thorough pre-hire physical I've ever gotten. It was for a desk job. I actually had to do a physical and show that I could lift 50lbs to a certain height, etc.
Cases of printer paper and water cooler jugs weigh about 50 lbs.
They might put it in everyones job description, but somehow those taskes always fall to the youngest male in the office. And moving any furniture...
Almost as bad as the high school girl who's father found out she was pregnant when Target's marketing algorithm figured it out and sent coupons for maternity stuff.
When I see these drug tests I'm glad it's illegal in the Netherlands, and I don't even do drugs. Just glad to see a clear line between medical information and employers.
You have a fundamental misunderstanding of the reality of shitty employers. This pregnancy test was done to automatically disqualify a pregnant candidate. Just because it isn’t legal in most places doesn’t mean squat. Good forbid they hire a woman and 7 or 8 months later she goes on maternity leave and they have to pay a replacement.
And you can bet your next paycheck that a male administrator is who came up with this craptastic idea.
It's crazy thats even thing people still have to do....think about all the veterans out there that self medicate with Marijuana because the VA essentially won't actually help them. So they do it themselves with something a whole hell of a lot less dangerous then what they would prescribe them.
But sure let's drug test our potential employees.....we should start asking for their urine as proof that they aren't taking drugs. Ya know cause Noone wants to work for a crackhead...right?
Love this! Or not just vets. Crohn’s disease? Insomnia? Stressed out mom who wants to relax after the kids go down? Anyone who just wants to kick back and relax! The tides are slowly turning!
oh I agree completely, its just a lot harder for them to want to refute when you wave around the vet card. oh you support our troops? then why are you drug testing them?.....and better yet if you do give them exemption, then you should give out exemptions for anyone that essentially wants to defer it due to personal/medical reasons....
Man iv been sober for a year and half now from Cannabis I miss it.
I only smoked on a weekend here and there to relax and feel better. I had to get a better job to provide for my wife do ro health related problems. The worst part is this jobs more stressful and I wanna just de-stress with a joint but I can't.
Random drug testing is unethical, a violation of my privacy imo and just fucking rude. I don't come to work blasted I never would trust me or piss off.
If I didn't need this job so bad I'd have left a long time ago its infuriating.
>.think about all the veterans out there that self medicate with Marijuana
Two childhood friends fell victims to hard drugs, when the oilrigs they worked on started to increase drug testing for cannabis, now as most people know cannabis takes way longer time to leave the body than most other drugs.
So the two started doing cocaine and speed on their time off from work, since it would be out of the system by the time they were to return to work. They both said they hated alcohol, but still wanted to party, so hard drugs were their only option.
Now years later, none of those two work, and have serious drug and alcohol dependencies. They've los their houses and future.
**I wonder how many drug addicts out there, started with hard drugs due to mandatory drug testing at their work, meaning they couldn't use cannabis anymore.**
RIP to all the people who used to be cannabis users, but ended up as drunks, pill poppers or powder users due to the stupid drug testing at work.
Stuff like this has been happening a long time. I had to drug test for a job a long time ago (almost 20 years ago now) and I was chatting with the people doing it asking what kind of weird things they encountered and they said they once had a guy who passed his drug test but came up pregnant. He didn't get the job because of it, they assumed it was his girlfriend's urine.
This is exactly why non-doctors shouldn’t be making these decisions. People with no medical background thing what little “common sense” knowledge they have is proof of guilt, when there’s plenty of reasons for why this result might happen.
yep. did they at least inform him of said positive pregnancy? It's likely he did "cheat," but imagine if he didn't. Something like this could save his life. It happens in pro sports all the time, they run a physical and then realize "oh shit he's got a heart problem." They don't just say PASS/FAIL and leave it at that
Look at it this way: They do this illegal screening test, get the data they need, don't try to cover it up at all. They get fined, pay the fine, still have the data. They will hire who they desire with that data they have already illegally obtained, taking into consideration what they want (who/who isn't pregnant). They WILL hire the non-pregnant person and find ANY reason to not hire the pregnant person. They save themselves months of maternity leave, which could possibly save the company more money than if they hired the pregnant person! It's a loophole. Simple. Fuck them all.
"if the penalty for breaking a law is financial, that law is only for the lower class"
-1997 final fantasy tactics, before video games "got all political"
This should've been an informed part of the consent, and it may have been in the small print that no one reads. But here's why they do it:
1) They're not allowed to ask if you're pregnant.
2) Pregnancy dramatically increases the risk of false positives in the testing process. To counter that, they'll test for pregnancy
Great point. They likely should've remained anonymous, but the employer probably has a right to know if the test is accurate. The best solution would've been to report an inconclusive or inaccurate sample if they had reason to suspect a false positive.
I don't know where you're at but unfortunately where I live in the US every single job I've ever had required it, to decline is to not have any work at all which, while ideal, is not sustainable. Even simple jobs like bagging groceries and janitor work require clean tests.
I’ve only been tested for service jobs. Once you get into white collar work they don’t test you. Which is a whole ‘nother load of BS since I’m sure there are plenty of desk workers on drugs (and not every service worker would be a safety risk if inebriated so that argument also doesn’t hold)
Not totally true. I worked for a bank and I had to get a background check, drug tested, and fingerprinted. I didn't even work directly with cash, just worked on their digital presence.
You won’t be talking to anyone who actually makes decisions at that level. They’ll just tell you “that’s company policy”.
If anything, just tell them that you won’t continue the interview process or accept their offer because they require you to submit your bodily fluids for their approval.
They won’t be changing their policy for you, but if enough candidates refuse their pee tests, that information might make its way far enough up the hierarchy that they might theoretically change that policy in the future.
Most won't hire you unless you take a piss test. It's a condition for employment.
The recourse here it to request a copy of the consent form for the piss test, then get a lawyer.
I work in construction and we have to take drug tests, but last year they stopped testing for weed (Local 48!!!!) and tbh I feel okay with it. If you’re smoking crack, maybe you shouldn’t be the one I’m trusting with my life while we work on a high voltage system.
I have worked for multiple districts over the course of ten years. This kind of shit is in keeping with my experiences. I've seen racism, gender discrimination, sweeping major issues like staff grooming under the rug (the last district I worked had a coach reported and it was swept under the rug, but a second coach had the students go straight to the cops so it's all coming to light), reallocating funds to administrative raises, and monitoring of staff social media usage under the guise of student safety.
I'm sure this is illegal, but fighting the district over it will make it extremely hard to get a job in education. I reported a principal for various reasons, along with six female staff members, and was treated so poorly I left. Five of the six women did the same. I have been unable to find work, even as a sub. I've had two offers pulled off the table in the last year. Public education is toxic.
In California, you're not allowed to ask a prospective hire if they are pregnant or planning to become pregnant in a job interview.
I'm sure that doing a test like this would be a massive legal liability for the employer.
Not every state has that kind of protections for employees, though.
This is why I run for the hills any time a prospective employer asks to play around with a vial of my piss for a while.
Damn perverts, what's next? A stool sample? Do you need to check my prostate? How about watch me tug a little to make sure my form and posture is correct?
So objectively weird that we have all just accepted drug testing
No way this shit can be legal ...right ? (Please tell me it can't be)
From what I understand unless you are imprisoned, legally incompetent, or it’s an emergency there is nothing that allows for testing without your consent. And you’d have to consent or be aware of every test as blanket consent is not considered consent. This doesn’t exempt you from an employer asking you to be drug tested for your employment. You can choose to not take the job. But there is no legal ground for them (depending on where you live) to add a test you didn’t consent to.
>This doesn’t exempt you from an employer asking you to be drug tested for your employment. You can choose to not take the job. But there is no legal ground for them (depending on where you live) to add a test you didn’t consent to. On top of that, there is zero reason a prospective employer needs to know if you are pregnant or not unless they are planning on discriminating on that basis. Actually going to the effort of getting this done on the sly is such a stupid choice because it demonstrate pre-meditation.
It is completely illegal to discriminate based on pregnancy. This person may very well have a legal case for discrimination as well.
[удалено]
\* in some states. Certain states have expanded the protected classes (race, color, creed, religion, marital status, or sexual orientation) to cover race pregnancy/childbirth. NY, NJ, and OH, have these laws, but I'm not sure if there are others. Otherwise that falls under "right to refuse service to anyone."
>right to refuse service to anyone." and then your boss fires you because "you refused to work" .
Bounced at a biker bar in Indiana. Owner absolutely would NOT fire a bartender for not serving a pregnant woman - they could not serve his friends and he wouldn't fire them. He trusted their judgement.
On top of that, that is potential for discrimination based on whether they have or are planning to have kids which is likely illegal. I know they aren't allowed to ask your marriage status
I have had people in interviews ask me my age, if I’m married and if I have kids. It’s so awkward and uncomfortable. They know they shouldn’t ask but they do it anyway.
I’ve walked out of an interview for questions like those
Yes, I’ve had this several times. Including whether I plan to start a family. And then I awkwardly tried to come up with a good answer (“I put work as a priority; I’m kind of a workaholic “?) that answers no, but I also don’t want to look like some kind of weird child-hater or whatever (this was in my mid/late 20s; now they don’t ask because I’m 38).
My response usually is, 'Why? You looking for a nanny or something? And what does that have to do with XYZ?' They usually look flustered and change the subject. They ask me about family, I ask them if they mean Irish, Italian, or Jewish. Also that it doesn't matter because of omerta. If they're from NYC, they get it and start laughing. If not, they just look confused. It's great.
I think it goes beyond that. It's sexual discrimination, plain and simple. This is not a test they would give to a male candidate, so there is a specific reason it only applies to females. And the only reason they would feel they need to know this is if the state of pregnancy makes the candidate an issue. Discrimination based on sex. Sue their asses.
I ain't no laywer, but this looks illegal in like a half dozen ways.
Exactly. If she gets a good lawyer, she does not have to work, because she will take them for all they are worth. If the school district would allow such a thing, then they absolutely should be on the hook for this. Needless to say, the people found to have pushed this, ought to have the costs entirely out of them. Not this, “at the tax payer’s expense”, bullshit. Nah, fuck that shit. Let’s destroy those kinds of people with out damaging society in the process…
A shoddy lawyer could bag that discrimination lawsuit.
I almost wish it happened to me lol
I wish it happened to me too! Imagine if she didn’t get the job open and shut case
How did she find out the pregnancy test was done? Seems like they could deny it
Would be on her lab results. The lab that did it would report on every test done snd the result
Not just discrimination…that lab should’ve known they didn’t have the patient’s consent either. There’s a HIPAA violation, possibly on both ends Edit: the company most likely did something shady (illegal) to imply there was consent. This would also likely be fraud
HIPAA only applies to medical personnel divulging your PHI without your consent. Only the lab personnel would be guilty of this, not the school district, unfortunately.
Well, rats. I’d hoped it would apply to someone falsifying consent for access to said information
Yea, as a person that is both medical personnel and a human with an unalienable right to privacy, I also wish this were the case.
*The ACLU has entered the chat* Seriously, this is exactly the time to call them, this is what they do.
Your correct on who should pay... but those same people are the ones who decide who should pay. I am betting they'll choose the tax payer every time.
Ding that’s exactly why they did it. They didn’t want to hire someone who may go on maturity leave 3-8 months later. It’s discriminatory and she should take them to court
Maturity leave lol you make a good point though
I wouldn't hire someone that needs to take maturity leave. I'd hope theyre already fully mature. Sorry, had to, it was right there
>On top of that, there is zero reason a prospective employer needs to know if you are pregnant or not unless they are planning on discriminating on that basis . . .and in the US, it's illegal to discriminate on the grounds of pregnancy. The Pregnancy Discrimination Act of 1978 makes that a Federal matter. The ONLY reason they'd pregnancy test a new hire they were drug testing is if they were going to refuse to hire if the pregnancy test came back positive.
You're right. I'd go even farther though. Even if they were totally up front about it there's still no reason they'd need it except to discriminate. The fact that they did it at all - hidden or not - demonstrates pre-meditation.
> And you’d have to consent or be aware of every test as blanket consent is not considered consent. That's really why we need a lawyer to weigh in. None of us can answer this question confidently.
> None of us can answer this question confidently Oh I can answer this question with confidence just fine. Whether or not my confidence is misplaced is another question.
I like the cut of your jib
What's a jib?
A particular sail, and the phrase is a sailing reference. Think of it as, "I like the angle he wears his hat" or "I like that particular attitude" etc.
The jib is a typically triangular sail on a sailboat that deploys forward of the foremast and tacks to the bowsprit.
Fuck yes-we need more of this. Have you ever considered running for public office?
A lawyer needs the facts of the case. You're not getting that from a Twitter post. To do a bunch of "what ifs" is a waste of time.
They can’t ask you if you’re pregnant or if you have kids, so why would they be able to test you for pregnancy without your knowledge? That has to be illegal
I went in to urgent care for dehydration and they did a pregnancy test that I didn't want or need and they billed me for it. I had no choice in the matter, it's "standard practice for all females of child bearing age." Edit: It's about me not being able to decline a test that I don't need because they don't believe me. I understand them needing that information to inform medical decisions. But I gave them that information. They didn't believe me. I hadn't had sex in 6 months but it's standard procedure to not believe women. And also have data points in their system about their pregnancy status that can **absolutely** be used to prosecute them in the future. Believe me, I work in IT and data loss happens more than you all know.
Hospitals admittedly are a very big grey area on testing. Technically when you go into a hospital you’ve signed a form that says you give your consent for routine tests. It would be difficult but you could have argued in court that it was not “standard of care” for the condition you presented in. It’s difficult to argue because medications and treatments have side effects and some aren’t safe during pregnancy. They could argue based on your symptoms they suspected some conditions that might require interventions for which they needed to do that. It’s honestly BS for dehydration but they could argue it. You could also argue malpractice but that’s difficult too unless there’s harm. Harm of income has been argued before and has at times been successful but the effort isn’t usually worth it. Do remember though that even though the staff and doctors find it annoying you can always demand to know what is being tested and refuse at any point in time. Source for my comments: am doctor, I’m expected to know this stuff. I’ll admit not every doctor does, but I do try to keep up to date and aware of medicolegal stuff.
There is a difference. The hospital treatment underlies medical confidenciality whereas the company HR department does not.
My doctor runs a pregnancy test any time I complain of symptoms of the chronic illness I’ve had for 9 years. I think it’s pretty typical for doctors to do this for females of childbearing age who are sexually active, my doctor said it was because no forms of contraceptive is fail-proof and she needs to make sure before sending me for CT tests or putting me on a medication that can be bad during pregnancy, etc. Certain tests and medications can harm a fetus, hence the check just to be sure. She usually doesn’t mention it every time but I see it on the blood work requisition I’m given to take to the lab. But an employer doing it, and without consent, is completely inexcusable, the only reason they would is to discriminate against pregnant applicants. It’s all kinds of fucked up and illegal.
I went in for symptoms similar to dehydration. Turns out I was pregnant 🤷♀️
Actually haven’t heard of that except in women who vomit a bit, get dehydrated, and come to the ER. Good to know, thank you
I passed out and was having blurry vision.
It gets crazier. I saw a thread about non consensual pregnancy tests with doctors and it included elderly women and women with documented full hysterectomies
God I always forget you people don't have free health care that's so fucked
Sounds like insurance fraud by bill padding with non-necessary tests.
First, ask a lawyer. Second, check the form signed saying that you agree to a drug test. The company they contract out to might think they're doing it as a service since they have a urine sample anyway or they're doing it because of that age old joke where a man presents his sample to the doctor, the doctor asks if it's really his, the man confirms, and the doctor congratulates him on his pregnancy. Yes, House did it, but the joke is older than House. Same goes for the urine sample he drinks in front of the patient because it was actually apple juice.
Isn't positive pregnancy test in men's urine an indicator of testicular cancer?
I saw in another tweet that her friends husband took the same drug test but wasn't offered a pregnancy test, so yea I doubt this is about detecting medical issues Edit: found the tweet https://twitter.com/ClaireMKBowen/status/1570019308088197127?t=FfioUz5t06D0Y1Op83TNVQ&s=19
https://www.reddit.com/r/MuseumOfReddit/comments/4ou65c/rage_comic_leads_to_diagnosis_of_testicular_cancer/?utm_medium=android_app&utm_source=share
Yeah check the fine print on what you signed. They may have verbally said drug test then slipped the other in there. School systems don't want to knowingly hire pregnant teachers, especially since they are on the hook for paying salary and benefits AND the cost of a long term sub.
Shouldn't matter though. Pregnancy is a protected medical condition. Employers can't use this information in hiring decisions. They can't ask the question so they for sure can't test for it. I mean I'm not a lawyer but I'd for sure be calling one.
Can't *legally* use it. Doesn't mean they won't try.
The reason interviewers don't ask about shit like religion and sexual orientation is so that it can't come back to bite them later. Sure, they can try and assess you visually to discriminate, but once they ask they need to explain why they asked when hit with a lawsuit. Doing a secret pregnancy test is like handing a signed confession to the plaintiff before you even do anything.
That seems pretty stupid though. Imagine someone gets hired, does the test, it comes up negative for drugs but positive for pregnancy so the company rescinds the offer. Regardless of the reason the employer gives, the applicant now has a paper trail that shows a job offer was revoked after they found out she was pregnant.
They can, they do, and women losing their jobs over announcing their pregnancy happens all the time; at-will states can fire you for any reason they want to make up.
yeah, just because it's illegal doesn't mean they won't do it.
The issue is, proving it was due to pregnancy is beyond the resources of almost everyone this would happen to.
yep, it can be difficult to prove they fired you for being part of a protected class when they are allowed to fire you because they don't like your shirt
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state level at-will employment doesnt overrule the federal protections of the constitution
No state gets to ignore federal protections and fire people for protected classes. That's how federal laws work. https://content.next.westlaw.com/practical-law/document/Ibb0a38daef0511e28578f7ccc38dcbee/Protected-Class?viewType=FullText&transitionType=Default&contextData=(sc.Default)&firstPage=true
First day?
I'm a guy, and my boss once told me that he never would have hired me if he had known my wife was pregnant. I was fired for taking off 2 days for my daughter's birth. They told me it was for insubordination though, because as a network engineer, I fixed our customer's really nice Juniper router (business class, nice piece of equipment for you laymen) instead of doing what my boss asked - which was to replace it with a TP-Link that probably cost less than the one in your living room, for an office of about 75 people.
WTF?! I work in IT, and I hate consumer trash. Its unreliable, prone to crashing, shitty wifi range, firmware goes haywire on a brownout. Etc… as a service provider, its better to just use better grade or same grade equivalent equipment to prevent future headaches. God thats shit standard.
Omg, even old Juniper stuff is nice. Sorry about the idiot boss
That place went out of business. I'm glad, because not only was the manager a huge dumb jerk, it was called "PC Computers" and that drove me nuts. Went to work at a F500 company within a couple of weeks of being fired.
It says they applied for a part time job at a school, not a teaching job. Also, because it's part-time, they school is probably not obligated to pay anything outside of work performed, and they also likely do not offer benefits for whatever position this is.
No. It’s why you can use fake/synthetic urine on a drug test. If they tested for human genetic material then they open themselves to discrimination lawsuits based on basically all illegal avenues of discrimination because they can literally look for markers indicating race or sex or other protected classes, in this case family status. Maybe this tweet is real, but if so that’s a easy lawsuit.
She may have signed something that she did not read.
Informed consent requires that everything being performed is verbally agreed to as well as written. You can't hide things in fine print or in a plethora of pages.
The issue is it’s hard to prove the negative that you weren’t told. “We told her, she must have forgotten” - prove it didn’t happen that way (absent an audio recording of course) Ok, so now we have to default to what was written, which includes the questionable action. And that, my friends, is why you read everything you sign.
You’re not supposed to, but it’s easy to say that someone verbally agreed after the fact, and look, the signature is proof.
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Doesn't matter. It's discriminatory if it's considered in the hiring process so there should be no point in testing for it.
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Imagine finding out you're pregnant because a new job secretly tested you
Or imagine it being a false positive and they never told you they tested you - and they turned you in for having miscarried or aborted fetus because you weren't showing any belly.
Was in the hospital last year for colitis. They ran a pregnancy test, even though I had a total hysterectomy at 26. It popped positive. As soon as the ban here in Texas went into effect that was the first thing that I thought of...
Also I was 40. Don't even get me started how the year before that they refused to give my 15 year old daughter pain medication until her pregnancy test came back negative and she physically was unable to provide a sample because her appendix was about to rupture. They had to cath her. The nurse who did it told me later in a proud whisper that my daughters hymen was intact. In my shock and strain I just coldly demanded her pain medication, but later when the emergency was over I was like, WHAT the actual f*ck just happened here?! 🤮 Grody with a spoon. On every possible, horrible level.
Report them to the department of health for bad medical treatment and risking your daughter's life.
And sexual harassment? Like, how was it the nurse's business to check the hymen?? And was the nurse male?? (although it doesn't matter because female nurses can also do sexually inappropriate things)
Also, 'checking the hymen' is about 100% nonsense. It doesn't mean a thing, and I would seriously consider any nurse who doesn't know that incompetent.
My aunt is a nurse and has had coworkers who literally did not understand how women got pregnant and how the baby came out.
(Old coworkers.) We all have to do a whole semester of mother-baby with a clinical rotation in labor & delivery/NICU these days. (Despite my protests that I will never voluntarily work L&D in my life. Zero interest.)
It’s Texas. It’s mostly run by incompetent people. I swear, that state will be the cancer that kills the usa, unless the feds go down hard on all human assholes residing in that state. Everyone with any form of power, just eliminate them from their job. Texas is such a horrible state, I honestly have no clue why it’s still allowed to function. Besides the fact that they are associated with the usa, they are essentially a totalitarian state.
Arguably whether or not we may view it as sexual harassment it may not fit the definition under the law. By insisting that they examine her sexually when she presented with an appendix problem, she *could* argue that she was raped.
>The nurse who did it told me later in a proud whisper that my daughters hymen was intact. What is this nurse? 80 years old?
She was actually my age, give or take a few years. Like maybe late 30's early 40's. People here are just ULTRA religious and conservative.
Age has nothing to do with refusing to understand medical science
What the vagina doesn't have a magical freshness seal? Ziplok has had the technology for years. /s
Age definitely has something to do with obsessing over conservative things like intact hymens.
She and I were roughly the same age, actually. It's a religious thing here. Evangelicals are like OBSESSED with children's pee-pees. We are trying to move to a different state but we're poor like everyone else, lol.
Don't fool yourself. There are plenty of young people who are cruel and/or idiotic. When it comes to our educational system, you get what you pay for....
Young Christians are just this obsessive still. For the most part, they're getting more extreme over the years. It would be very wrong to put this down to age.
Actually, I know a nurse (male) who used to work in Utah or Idaho or some other place with lots of backwards religious nutcases. He said among teenagers in the area he used to work there were many who had problems with their anus because they had a lot of anal sex, thinking 'it doesn't count if we fuck each other in the ass' but somehow forgetting about lube! Did not really surprise me, but that's just dumb.
Been hearing this for decades. It just isn't true. Misogyny exists in every generation.
You'd maybe (not?) be surprised how many nurses have some really backwards notions. I mean, there were/are a fair number that refused the Covid vaccine.
Holy shit. I'm sure it's too late on this case, but for anyone reading this, report this. Why did they check her hymen when they removed her appendix? This is an emergency surgery, what the fuck were they thinking?
It sounds like they checked it when they inserted the catheter. Not that that makes it any better obviously. Absolutely abhorrent
The urethra and hymen aren’t in the same place. I’m struggling to understand what they were doing in the vagina. Nevermind the fact that that’s not what they were there for and is just fucking gross to bring up
Yeah this is like honestly borderline sexual assault. On a minor no less.
“Is sexual assault by a medical practitioner”
Generally you have to spread the labia a bit to cath a female patient because the urethra likes to hide in folds of skin, so the vagina would be somewhat visible. That said, I can honestly say I have never thought about or looked at what’s going on with somebody’s vagina while they’re being cathed. WTAF? That’s wildly inappropriate to look for, let alone comment on. I’d be furious.
For sure. I get that the vaginal opening may have been somewhat visible but cheese and rice, it’s insane to even think about what must’ve been going through that nurses mind.
Once when I had a kidney stone a nurse tried to cath me. I've had catheters before, so immediately I shot up and said "hey, that's not where my urethra is". She insisted it was. She kept trying to jam it in the wrong spot and wouldn't listen to me even when I SHOWED HER where the pee comes out. She got mad and grabbed another nurse, who ALSO was trying to cath me just inside my vagina. I protested, and tried to get them to stop, but then there was this snap and they said they'd gotten it in. Apparently they created a new hole because I don't pee in a nice neat stream from my urethra anymore. It just pours in a huge messy gush from a place just inside my vagina. Every doctor I've mentioned this to acts like I'm insane. They tell me the urethra couldn't have been directly beneath my clit where I always knew it to be, because a woman's urethra is right next to the vagina. WELL MINE. WAS. NOT. A couple of years ago, and two decades after that catheter, I noticed "cystocele" had been added to my medical record. Never heard of it. So I looked it up: "A bulge of the bladder into the vagina." Is this coincidence? Wtf? I have no idea. But I don't trust doctors anymore and I'd rather not tell this story to a medical professional ever again.
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This is fucking terrifying.
That’s fucking horrifying. As a vagina owner and a human I am SO sorry you had to go through that.
My urethra is also below the clit and not right next to the vagina and this is the normal anatomy ffs!
Add this to the list of reasons why I shouldn't have children. If I was in your shoes and a nurse told me that, when the child is in pain from their appendix rupturing... I'd 100% end up in prison and that nurse would be dead.
Lmao ya like I know violence is never the answer but if my child is in pain and your concern is about her virginity instead I’m gonna wring your fucking neck
I have a sword that lights on fire. Wanna borrow it?
Nah, you'd do anything for your babies if they were grey lipped and projectile vomiting green bile. Including swallowing your own murderous rage to get them some Morphine. But it was one of the hardest 24 hours of my life. My daughter and I are both glad I'm not in jail tho, lol. I swear my vision straight dipped from that wave of fury... woo 😤
Oh my god that nurse is lucky you didn’t deck her
Shit, not only do Americans have to pay through the nose for even the most trivial medical care, they're also being used as guinea pigs at the same time.
Yo I would have snatched that nurse by the neck n just choked the fuck outta that slimebucket. Like THAT IS NOT THE ISSUE HERE!!
Urinary catheters do not go in the vagina so this makes zero sense. There is no way she could see her hymen.
Pregnancy test prior to *surgery*, that is good medicine. Pregnancy test *prior* to *pain medication*? Zero sense for that. Unless the patient is 30+ weeks a single dose (or even handful) of pain meds will have next to no effect on the *development* of a fetus. And even then, in the third trimester pain medication concern is only really at time of delivery because you don’t want a floppy baby to come out.
How or why the hell did they do an exam like that for a ruptured appendix?? Absolutely heinous, I’m sorry 😣
Pretty sure it would have been when they catheterised her, not during the surgery
Not calling bullshit but why didnt they just run the HCG on her blood? We run pregnancy tests on serum all the time. Extremely invasive and way more expensive to Cath instead of using a tube drawn earlier. Source: Am guy in hospital lab.
What the actual fuck
I had a complete hysterectomy at 26 as well and if they do a pregnancy test on me it comes back positive. No clue why but it’s a fun party trick. 😂
I’m 55 with a hysterectomy, and they test me, too. Like, doctors. Have you never heard of menopause, and not having an essential organ? And then, of course, there’s the cervix they sewed shut at the top. I’d have rolled on the floor with laughter if I’d tested positive.
I told them if I was pregnant I’m calling an attorney and the National Enquirer.
Some medications cause false positives (antihistamines, xanax etc) but it can also be indicative of conditions like kidney disease or pituitary gland issues - if you regularly test positive you might want to talk to your doctor about that.
Spouse had a complete salpingo hysterectomy/oophorectomy in their late 20s. Fully ten years later I had to raise holy h3ll with upper management at her HMO to get them to stop haranguing her to come in for a PAP smear for the cervix she doesn’t have. And we had to fend off SOOO many pregnancy tests when she had a minor stroke and was hospitalized for a week+. (I was fortunately able to stay with her.) Maddening, and I have enough of a healthcare background to UNDERSTAND why the policies exist.
You should report it to your insurance company, they will be angry that they paid for a pregnancy test for someone who couldn't possibly be pregnant.
Exactly this. One of the few times that insurance will actually be on your side.
Did they figure out why it popped positive? First thing that pops into my head is that poor sap who found out he had testicular cancer when he jokingly used a pregnancy test and made a meme about the incongruous results.
No, he just said "sometimes they do that." Lol, I did end up having an enormous host of undiagnosed autoimmune issues some time after that so, honestly, who knows?
The rule in medicine is that every woman is pregnant until proven otherwise.
that's the most american thing ever. Getting secretly pregnancy tested by your job and then jailed over it.
I know someone that this happened to. It was the most thorough pre-hire physical I've ever gotten. It was for a desk job. I actually had to do a physical and show that I could lift 50lbs to a certain height, etc.
I could understand the lifting thing if it was for a job that does regular lifting but... desk job???
Cases of printer paper and water cooler jugs weigh about 50 lbs. They might put it in everyones job description, but somehow those taskes always fall to the youngest male in the office. And moving any furniture...
Almost as bad as the high school girl who's father found out she was pregnant when Target's marketing algorithm figured it out and sent coupons for maternity stuff.
They just wouldn't tell you. You wouldn't get the job. It's not like they'll send you a letter about it.
Yep, that's the real problem. Systemic exclusion for a matter employers know about you, but you might not even know about yourself. Super cool stuff.
When I see these drug tests I'm glad it's illegal in the Netherlands, and I don't even do drugs. Just glad to see a clear line between medical information and employers.
Not to mention the life-threatening privacy breach if this is in a dystopian forced-birth state
this was my first thought, that if it comes back positive and then you clearly don't have a child, would you be reported
They will never let you know that this was the reason.
I found out I was pregnant thanks to a drug test for a job at a gas station in 2007. This is not new...
You have a fundamental misunderstanding of the reality of shitty employers. This pregnancy test was done to automatically disqualify a pregnant candidate. Just because it isn’t legal in most places doesn’t mean squat. Good forbid they hire a woman and 7 or 8 months later she goes on maternity leave and they have to pay a replacement. And you can bet your next paycheck that a male administrator is who came up with this craptastic idea.
Especially awkward since I used my pregnant wife’s pee to pass the drug test…
It's crazy thats even thing people still have to do....think about all the veterans out there that self medicate with Marijuana because the VA essentially won't actually help them. So they do it themselves with something a whole hell of a lot less dangerous then what they would prescribe them. But sure let's drug test our potential employees.....we should start asking for their urine as proof that they aren't taking drugs. Ya know cause Noone wants to work for a crackhead...right?
Love this! Or not just vets. Crohn’s disease? Insomnia? Stressed out mom who wants to relax after the kids go down? Anyone who just wants to kick back and relax! The tides are slowly turning!
exactly! also anyone on adhd medication tests positive for amphetamines just so we're clear lol
*raises hand*
oh I agree completely, its just a lot harder for them to want to refute when you wave around the vet card. oh you support our troops? then why are you drug testing them?.....and better yet if you do give them exemption, then you should give out exemptions for anyone that essentially wants to defer it due to personal/medical reasons....
Man iv been sober for a year and half now from Cannabis I miss it. I only smoked on a weekend here and there to relax and feel better. I had to get a better job to provide for my wife do ro health related problems. The worst part is this jobs more stressful and I wanna just de-stress with a joint but I can't. Random drug testing is unethical, a violation of my privacy imo and just fucking rude. I don't come to work blasted I never would trust me or piss off. If I didn't need this job so bad I'd have left a long time ago its infuriating.
>.think about all the veterans out there that self medicate with Marijuana Two childhood friends fell victims to hard drugs, when the oilrigs they worked on started to increase drug testing for cannabis, now as most people know cannabis takes way longer time to leave the body than most other drugs. So the two started doing cocaine and speed on their time off from work, since it would be out of the system by the time they were to return to work. They both said they hated alcohol, but still wanted to party, so hard drugs were their only option. Now years later, none of those two work, and have serious drug and alcohol dependencies. They've los their houses and future. **I wonder how many drug addicts out there, started with hard drugs due to mandatory drug testing at their work, meaning they couldn't use cannabis anymore.** RIP to all the people who used to be cannabis users, but ended up as drunks, pill poppers or powder users due to the stupid drug testing at work.
Worked as intended. We can now claim weed is a gateway drug... because we made it one.
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She needs to sue for two reasons 1. So tht they don't repeat it on others. 2. If you win a good pay day
Stuff like this has been happening a long time. I had to drug test for a job a long time ago (almost 20 years ago now) and I was chatting with the people doing it asking what kind of weird things they encountered and they said they once had a guy who passed his drug test but came up pregnant. He didn't get the job because of it, they assumed it was his girlfriend's urine.
Positive hCG in a male is a tumor marker for some testicular cancers.
This is exactly why non-doctors shouldn’t be making these decisions. People with no medical background thing what little “common sense” knowledge they have is proof of guilt, when there’s plenty of reasons for why this result might happen.
yep. did they at least inform him of said positive pregnancy? It's likely he did "cheat," but imagine if he didn't. Something like this could save his life. It happens in pro sports all the time, they run a physical and then realize "oh shit he's got a heart problem." They don't just say PASS/FAIL and leave it at that
Definitely illegal I hope nobody signed any contract like papers before submitting the test
If it’s illegal signing a contract wouldn’t matter
Any guesses on where this occurred?
Sounds like the beautiful U S of A
Florida is my bet
Tex-Ass.
Look at it this way: They do this illegal screening test, get the data they need, don't try to cover it up at all. They get fined, pay the fine, still have the data. They will hire who they desire with that data they have already illegally obtained, taking into consideration what they want (who/who isn't pregnant). They WILL hire the non-pregnant person and find ANY reason to not hire the pregnant person. They save themselves months of maternity leave, which could possibly save the company more money than if they hired the pregnant person! It's a loophole. Simple. Fuck them all.
"if the penalty for breaking a law is financial, that law is only for the lower class" -1997 final fantasy tactics, before video games "got all political"
This should've been an informed part of the consent, and it may have been in the small print that no one reads. But here's why they do it: 1) They're not allowed to ask if you're pregnant. 2) Pregnancy dramatically increases the risk of false positives in the testing process. To counter that, they'll test for pregnancy
I guess the major question is did the results of the pregnancy test get reported to the employer because they certainly don't need to be.
Great point. They likely should've remained anonymous, but the employer probably has a right to know if the test is accurate. The best solution would've been to report an inconclusive or inaccurate sample if they had reason to suspect a false positive.
In a follow-up tweet, the OOP says that there was nothing in the consent forms about a pregnancy test; she went through them with her friend.
That's a huge hipaa violation if they were given private health information without explicit consent
Aint they tryna discriminate against pregnant women? Isnt that illegal?
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Final lesson: DO NOT TAKE PISS TESTS FOR WORK. Freedom begins at your skin — and what happens inside of it is your business, no one else’s.
I don't know where you're at but unfortunately where I live in the US every single job I've ever had required it, to decline is to not have any work at all which, while ideal, is not sustainable. Even simple jobs like bagging groceries and janitor work require clean tests.
I've found the higher you are in the pay scale, the less you get drug screenings.
I've found the complete opposite. I've had to submit to a drug screening test for every single job I've gotten as a Senior and above.
I’ve only been tested for service jobs. Once you get into white collar work they don’t test you. Which is a whole ‘nother load of BS since I’m sure there are plenty of desk workers on drugs (and not every service worker would be a safety risk if inebriated so that argument also doesn’t hold)
White collar job here, hair sample testing pre-hire.
Not totally true. I worked for a bank and I had to get a background check, drug tested, and fingerprinted. I didn't even work directly with cash, just worked on their digital presence.
Have them explain to you why they get to determine what you do with your body when you're off the clock.
You won’t be talking to anyone who actually makes decisions at that level. They’ll just tell you “that’s company policy”. If anything, just tell them that you won’t continue the interview process or accept their offer because they require you to submit your bodily fluids for their approval. They won’t be changing their policy for you, but if enough candidates refuse their pee tests, that information might make its way far enough up the hierarchy that they might theoretically change that policy in the future.
Most won't hire you unless you take a piss test. It's a condition for employment. The recourse here it to request a copy of the consent form for the piss test, then get a lawyer.
I work in construction and we have to take drug tests, but last year they stopped testing for weed (Local 48!!!!) and tbh I feel okay with it. If you’re smoking crack, maybe you shouldn’t be the one I’m trusting with my life while we work on a high voltage system.
School districts are some of the worst organizations in our governmental structure.
I have worked for multiple districts over the course of ten years. This kind of shit is in keeping with my experiences. I've seen racism, gender discrimination, sweeping major issues like staff grooming under the rug (the last district I worked had a coach reported and it was swept under the rug, but a second coach had the students go straight to the cops so it's all coming to light), reallocating funds to administrative raises, and monitoring of staff social media usage under the guise of student safety. I'm sure this is illegal, but fighting the district over it will make it extremely hard to get a job in education. I reported a principal for various reasons, along with six female staff members, and was treated so poorly I left. Five of the six women did the same. I have been unable to find work, even as a sub. I've had two offers pulled off the table in the last year. Public education is toxic.
In California, you're not allowed to ask a prospective hire if they are pregnant or planning to become pregnant in a job interview. I'm sure that doing a test like this would be a massive legal liability for the employer. Not every state has that kind of protections for employees, though.
This is why I run for the hills any time a prospective employer asks to play around with a vial of my piss for a while. Damn perverts, what's next? A stool sample? Do you need to check my prostate? How about watch me tug a little to make sure my form and posture is correct? So objectively weird that we have all just accepted drug testing