NCJ Number
112825
Journal
Labor Law Journal Volume: 39 Issue: 6 Dated: (June 1988) Pages: 342-357
Date Published
1988
Length
16 pages
Annotation
Although no law prohibits employee drug testing, legal rules and principles place limits on drug screening, with restrictions varying according to whether the employer is in the public or private sphere.
Abstract
Because of privacy mandates, public employers must have reasonable cause for employee drug testing or have a legitimate interest that testing promotes. Courts may also require public employers to have individualized reasonable suspicion of employee drug use before testing can be used. Due process requirements may also limit test procedures and disciplinary actions for public employers. Due process requires confirmatory testing, restrictions on discipline in the absence of impaired job performance, strict chain of custody procedures in the testing protocol, respect for privacy and employee sensitivity, and no discipline without a chance for the employee to rebut test results. Private employers currently have an unfettered right to test but do have some limits that apply to disciplinary actions based on test results. Handicap discrimination laws may require employers to treat employees with drug problems in the same manner they do employees with other medical or physical disabilities. 72 footnotes.