NCJ Number
107313
Journal
Employee Relations Law Journal Volume: 12 Issue: 4 Dated: (Spring 1987) Pages: 577-608
Date Published
1987
Length
32 pages
Annotation
Suggested guidelines for employers to use in implementing an employee drug-testing program are based on practical and legal considerations.
Abstract
Currently, there are minimal statutory restrictions on employers in the implementing of employee drug-testing programs. Still, there are legal risks in such programs. Random drug testing not based on 'reasonable suspicion' that an employee is involved with drugs risks violating employee privacy rights. Although discrimination has not been a major issue to date, recent trends indicate that 'wrongful discharge' actions, defamation claims, and other tort causes of action may be faced by employers who dismiss employees for alleged drug use. Also, employers who unilaterally institute a drug testing program in a unionized setting risk a charge of unfair labor practice. In implementing an employee drug testing program, employers should seek employee and union input, limit testing to reasonable circumstances, select testing methodology and a testing laboratory carefully, and provide additional safeguards that ensure fair procedures and accurate testing. 33 notes.