MANDATORY DRUG TESTING & EMPLOYMENT

This research analyzes, within the context of ethical issues, the concept of mandatory drug testing as a condition of employment. The term drug, as used in this research, refers to illegal substances, as opposed to alcohol, tobacco, or ethical drugseither prescription or overthecounter. The phrase, "as a condition of employment," implies that a favorable drug test would be required before an individual was employed by a firm. Additionally, however, "as a condition of employment" also implies that periodic workplace drug testing would be performed, and that unfavorable results from such tests could jeopardize an individual's employment status.

Mandatory drug testing, for whatever purpose, implies that such testing may be accomplished by means of coercion or force, as opposed to the voluntary submission by individuals to such testing. The mandatory aspect of a drug testing program, therefore, involves an individual's right to privacy and right to free choice in a more or less free society. Even if an individual is willing to voluntarily submit to drug testing, if such testing is mandatory, the individual's rights to privacy and free choice are involved. The obverse of individual rights in the instance of mandatory drug testing as a condition of employment includes both the rights of the larger society to public health and safety, and the rights of employers to exp

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1991; Preston, 1988). A growing number of American workerssome say a majority, however, are signaling their agreement with the concept of drug testing in the workplace (Personnel, 1991). Drug testing in the workplace in the United States is extensive, with from onethird to over onehalf of the country's major corporations conducting formal drug testing programs (McKendrick, 1990; Nation's Business, 1989a). Accidents and the potential for accidents in the transportation industry have led to judicial support for mandatory drug testing in that industry; however, the courts have been less supportive of Fourth Amendment challenges to the practice in other industries (Sanders, 1989). One of the most prevalent employee and labor union complaints against drug testing in the workplace is the alleged potential for false positive results (Nation's Business, 1989a). The firsttime accuracy of drug tests, however, are in the 92to98 percent range (Nation's Business, 1989a). There is no constitutional prohibition against drug testing per se. Thus, challenges to drug testing are typically made within the framework of the Fourth Amendment provision concerning unreasonable search. Employees represented by labor unions and associat
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Approximate Word count = 1680
Approximate Pages = 7 (250 words per page)

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