Legal Issue of Workplace Drug Testing

Abbey and Redel (1991) review the issue as it relates to public and private employers. They consider the general issue of drug testing in the workplace, noting the increase in testing programs in recent years and the way businesses have tried to use such programs to reduce drug and alcohol abuse and to provide help for employees troubled by them. There has been increased litigation by employees unhappy with such testing, some challenging results, some challenging the right of the employer to conduct such testing, and some seeing such testing as interfering with their constitutional rights against illegal search and seizure. Employees find such tests unreliable, and they worry about the confidentiality of test

. . .
ployment screening of potential employees has not met with any serious challenge, but screening of current employees for drugs as part of the regularly scheduled physical examination is permitted under certain circumstances. The other issues noted for collective bargaining have also been addressed by the court with varying results and with exceptions to general rules. Flynn (1996) finds that the courts have favored two types of drug testing--applicant drug testing, and testing on reasonable suspicion. Random testing is not as accepted because it is seen as being intrusive into the right of employees to privacy, and thus employers who want to avoid lawsuits stemming from drug testing should be careful to weigh their need for information against the employees' expectations of privacy. A drug testing program is more easily justified when the targeted employees perform a function that involves public health or safety, for these jobs may threaten public safety if workers are under the influence of drugs. This also points to another difference, that between private and public employment. Employees in both sectors have the same constitutionally assured privacy rights and protections against unlawful searches and seizures, self-
. . .

Some common words found in the essay are:
Fourth Amendment, Abbey Redel, Hill NCAA, , Workplace Act, Supreme Court, Solomon Upsrich, drug testing, July Unions, President Reagan, Railroad Administration, fourth amendment, private sector, supreme court, random drug, public employees, testing public, testing workplace, drug abuse, drug testing workplace, drug testing program, reasonable suspicion, abbey redel 1991, random drug testing, solomon upsrich 1993,
Approximate Word count = 1439
Approximate Pages = 6 (250 words per page)

More Essays on Legal Issue of Workplace Drug Testing