NCJ Number
109379
Date Published
1987
Length
116 pages
Annotation
This book examines legal, political, and social issues pertinent to the use of work-related drug and polygraph testing.
Abstract
Persons favoring the use of drug and polygraph tests of employees and potential employees believe such testing serves law and order and employers' right to run their operations as they see fit. Those opposing testing argue that it is an affront to human dignity, may lead to the unjust treatment of employees, and violates employees' privacy rights. The courts have yet to provide a conclusive legal resolution of this debate. The Supreme Court has not accepted any case involving polygraphs or drug testing in employment. Lower courts have been divided over providing workers with full privacy (fourth amendment) protections. Courts have generally given the go-ahead to polygraphs, provided that proper procedures are implemented. Several courts have ruled, however, that no matter what the procedures, polygraph tests are an unconstitutional privacy violation. Regarding testing validity, courts have found each procedure potentially inaccurate, with inaccuracies more likely to be a legal problem in drug tests, because employers who use them often base their disciplinary actions on test results alone. Private-sector employers, in the absence of restrictive legislation, have considerably more leeway in testing than do public employers. Ultimately, the extent of testing in employment may depend more on legislatures than on court decisions or employers' whims. This will in turn rest on political and social pressures bearing upon legislatures' actions. The book discusses less controversial alternatives to drug and polygraph testing to increase business security and employee safety. Chapter references and subject index.