OH: Method of Drug Testing Can Be an Invasion of Privacy

An Ohio appellate court has ruled that direct observation of an employee’s genitals during a mandatory drug screening can state a valid cause of action pursuant to the common law tort of invasion of privacy.  Ohio and other jurisdictions have ruled drug screening itself is not an invasion of privacy, but left open the issue regarding the testing method.  The case is Lunsford v. Sterilite of Ohio, LLC,  108 N.E.3d 1235 (Ohio Ct. App. 2018).