civil rights violated

I live in connecticut. I applied for a cdl driving job on july 19th. I was order to take an pre employment test on the 20th which i did at a test facility. I was told by my employer on the 27 that my results were not back so dont come back to work until they come in. On july28th the MRO called to inform me that my test were still being tested. Then five minutes later he called back to say i would have to have a supervised test. My employer called thirty minutes late and told me to come in the morning or he would have to report me to DOT as a positve test. I felt pressured so I took the test on the 29th. I went to the same testing facilty. The Facilty didnt have any male nurses so they had the delivery driver observe me. My question is how is all this legal for and potential empolyer to make me subject to thier policies when my employment is only extended if I pass the intial pre-employemnt drug screen. The question is If I didnt pass the first screen that would that make me only an applicant? I thought under no circumstances can an employer single out any one appicant and change their testing methods. There are also racial qualties to this case as well and previous history with the employer where civil pentalies were paid.

you seem to be misunderstanding the situation. You tested positive and they then offered to give you another test. You could have refused the test and accepted the dirty test or you could take the subsequent test and hopefully test clean.

The Facilty didnt have any male nurses so they had the delivery driver observe me.

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that was nice of them. They didn't have to.

so, did you test dirty or clean the second test.

Oh, and this has nothing to do with your civil rights. If there was anything improper, it would be based in employment law but it has nothing to do with your civil rights.

thanks but still feel violated

I think maybe im not making myself clear. was never told that i tested positive for first are second test. The reason I say my civil rights are being violated is that this isnt the normal procedure when it comes to pre-employment testing. Show me any employer who gives you a retest before your even hired. Second the manager at the facilty has been found guilty previously for fudging test results. Third isn't it legal to have observed testing for pre employement testing? Fourth I believe the reasoning is racially motivated. The manager in question was fied from his previous job for this specfici allegation and for racial slurs at employees.

1. This has nothing to do with civil rights.

2. Something apparently was goofy about your first test, which may not have anything at all to do with you. Perhaps the specimen you gave was compromised in the lab. You had the right to refuse to take a second test; the employer had the right to rescind the job offer if you did.

3. How would you even know whether the manager at the facility was fudging test results? Sounds like you're listening to the rumor mill. Even if it's true, it has nothing to do with you.

4. Saying you believe this is racially motivated is nothing but pure speculation on your part. I doubt anyone in management informed you of the manager's employment history. You need to quit listening to rumors.

Take the second test. Assuming you are not a drug user/abuser, then I expect you'll be starting work as a driver shortly after the results are received. At the moment, you're making a mountain out of a molehill and engaging in baseless speculation.

Thank you for the reply

I again have recieved some good advice basd on what i have told you. what i have not told you is in 2002 this same manager fired me at a previous company doing the excact things he is dong know.I have never test positve in 12 years of driving. Myself and two other employees were paid compensation for loss wages. I personally received 16,000. so this is not speculation are rummor mill.I took the second test last thursday and still havent been given a result are a call by the perspective employer. I could be very be making a mountain out of a mole hill but as lance armstong says you dont have to drink the whole carton once your first taste is spoiled. I came to this site to speak facts not to get advice on phony are rumorerd information. Im saying he is doing alot of first for me when this isnt the normal procedures. at very least he is showing bias and that in itself is a conflict when he is threathening me with the use of federal gudelines over test that i have yet to be informed of thier results from a MRO.

Even if you tested clean, they don't have to hire you.

I am completely at a loss why you think anything illegal is going on. The first sample you provided did not pass (for whatever reason). They are giving you an opportunity to retest and you are complaining about this. Would you expect them to hire you without a clean test? I would certainly hope the "normal procedure" is to not hire somebody who can't pass a drug test.

Are you a drug user????

what i have not told you is in 2002 this same manager fired me at a previous company doing the excact things he is dong know.I have never test positve in 12 years of driving. Myself and two other employees were paid compensation for loss wages. I personally received 16,000. so this is not speculation are rummor mill.

None of which changes a thing about your current situation.

I came to this site to speak facts not to get advice on phony are rumorerd information

Then you should have provided all the relevant information in your first post. We can't read your mind and the crystal ball is out for repair.

Im saying he is doing alot of first for me when this isnt the normal procedures. at very least he is showing bias

If there's any bias, IT'S IN YOUR FAVOR. You were allowed the opportunity to take a second drug test when a problem apparently occurred in the lab of the medical facility. The manager you're accusing of whatever HAS NO CONTROL over the testing procedure and what occurs in the lab. The entire testing process and chain of custody are controlled by federal drug testing protocols under FTC standards.

You are adding 2 + 2 and coming up with 5.

Sounds like you don't really want to work there, and you're coming up with all kinds of reasons why you shouldn't. If you're that suspicious, move on. I'm sure many people will be willing to test.

Wow!

It nothing like the accusation of racial biases to get all the defenders and name callers to get off the couch. No, I dont use drug and Im not trying to dodge a job. Yes, I am suspcious to the point that i do add those type of actions up to that conclussion faster than in my past. In some circles that would be considered learning but differnt strokes. However; I started work today even though the pisss guy which I have self titled him never gave me the results personally which is a function of his job. I was told by his boss wednesday to come on in to work to thursday. I think this is where I beleive i have a valid point. It wasnt the test I objected to it was the differential treatment that i received by him. I applaud any company who wants to go the extra mile to make sure that its a drug free envioroment. It has be be company wide not just on the perecieved threat. IF not that gives people like him the power to profile a perticular group in this case is minorites. He has already been found guilty Of racial dircrimination.that is a fact . Im not saying he can alter my test but he did try to sway the odds in his favor. It was his idea to give me a supervised test. I gues those who have never been in the minority dont see it when its happening. If you believe that its normal than keep living in your world. I know this if it QUAKES....

We read posts about alleged discrimination all the time.

I'm sorry that people didn't respond as you wanted them to, which was to agree with you, advise you to take legal action, receive a giant whack of cash and then rejoice with you about your victory. We tend to be honest, and considering that people don't pay for the advice and are advised what to expect and what not to from the forums, I think we're okay with everything.