Imposing Liability on Drug Testing Laboratories for 'False Positives': Getting around Privity

Many employers today require that prospective or current employees submit to drug testing as a condition of employment.' Although public policy favors a drug-free workplace,2 drug testing of workers faces criticism because it may violate a worker's privacy,3 because it reflects drug use off the job that may not impair the worker's ability to do her job,4 and because the procedure may cause unnecessary emotional distress.5 In addition to these