SmithKline Beecham Corp. v. Doe

in which PHILLIPS, Chief Justice, GONZALEZ, CORNYN, ENOCH and OWEN, Justices, joined.

Increasingly within the past decade, the policy of employers in this country has been to screen employees and prospective employees for drug usage. Employers frequently retain independent laboratories to perform drug screening tests. This case requires us to begin to define these laboratories’ legal responsibility to persons tested.

Plaintiffs pre-employment drug test revealed the presence of opiates in her urine, and as a result her job offer was withdrawn. Her complaint is not that the test was performed…