A Kailua-Kona woman who applied to be a legal clerk for Hawaii County contends she should not have had to disclose her medical history and undergo a physical examination and drug test before she starts the government job.
Rebekah Taylor-Failor filed a class-action lawsuit Monday in U.S. District Court against the county, claiming the county’s pre-employment requirements violate her constitutional rights against illegal searches and seizures, and invasion of privacy. She is asking a federal judge to issue a temporary restraining order to suspend the county’s practice so she can start work next week.
Taylor-Failor said in the suit that the county gave her a conditional job offer to start work Monday. But before she could start work, she said, she had to submit to a physical examination and answer a medical history questionnaire asking whether she has had a sexually transmitted disease, hemorrhoids, cancer or a mental illness.
She said the county also asks job candidates whether they have ever been hospitalized, received emergency room services, if they have had surgery, been prescribed medication or rejected from military service, employment or health insurance coverage for health reasons.
Hawaii County provides a copy of its Pre-Entry Medical Examination Guide online. The guide includes 14 pages of conditions that could disqualify a candidate from employment.
Taylor-Failor said she submitted her questionnaire to a county employee, who doesn’t work for the Hawaii County Department of Human Resources, who then disclosed the information to a county physician. Taylor-Failor said she received no assurances that her private medical information was not or will not be shared with her future supervisor or anyone else.
She said the county scheduled her to provide a urine sample for drug testing Tuesday.
A U.S. district judge was scheduled to meet with attorneys for Taylor-Failor and Hawaii County on Tuesday morning.
The American Civil Liberties Union of Hawaii Foundation and a private law firm with offices in New York, New Orleans, Cleveland and San Francisco represent Taylor-Failor.
The lawsuit said the county’s urinalysis covers not just illegal drugs, but also chemicals that could indicate kidney damage caused by diabetes, high blood pressure, cirrhosis or lupus.
A Hawaii County representative said the county had not been served with the lawsuit and had no comment.
State law allows for the pre-employment controlled-substance drug testing of employees.
State Department of Human Resources Development Director James Nishimoto said the state requires all of its incoming employees to undergo a physical examination. Firefighters, prison guards and state sheriff deputies are also required to submit to drug testing.
Nishimoto said the state does not ask any incoming employee to disclose medical information, because of federal privacy laws.
Kauai County spokeswoman Mary Daubert said all incoming employees are tested for drugs and given a physical examination but are not required to answer questions about their medical histories.
Honolulu spokesman Jesse Broder Van Dyke said only job candidates for certain job specialties are required to undergo drug testing.
Information about requirements for incoming Maui County employees was not available.
