Two New Jersey women who filed civil rights complaints against hospitals say they were drug tested without consent and without medical necessity.
The drug tests for the pregnant women resulted in false positives because they had eaten poppy seed bagels. Based on the false tests, they were reported to the Department of Child Protection and Permanency, according to a complaint filed by the American Civil Liberties Union against Hackensack University Medical Center and Virtua Vorhee’s Hospital.
The complaint filed with the New Jersey Division of Civil Rights said that the report to DCCP led to an invasive, traumatic investigation that interfered with the first few months of the women's ability to parent their newborns. Both cases were filed as administrative actions with the state civil rights division. This is a separate path away from filing a civil lawsuit where the ACLU asks the state on behalf of the mothers to investigate and potentially take administrative action against the hospitals, explained Bradley Mitchell, an attorney at Stevens & Lee in Princeton, New Jersey, who is not involved with this case. Going this route is usually less costly than court action, he said.
Patient Kate L. is a biracial Latina and felt that her tattoos may have triggered discrimination based on a caseworker who commented on her tattoos, Linhorst said.
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