Employee Assistance and Drug Testing: Fairness and Injustice in the Workplace

• NCJ Number: 106931
• Journal: Nova Law Review Volume: 11 Issue: 2 Dated: (Winter 1987) Pages: 709-731
• Author(s): W J Sonnenstuhl; H M Trice; W J Staudenmeir; P Steele
• Date Published: 1987
• Length: 23 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

This paper examines management and employee concerns about drug screening within the context of employee assistance programs (EAP's) and argues that effective EAP's preclude the need for drug screening.

Abstract

EAP's are job-based strategies for the identification, motivation, and treatment of alcoholic, drug-addicted, and emotionally disturbed employees. They protect employees' rights by adhering to standards of judicial jurisprudence, as they have developed from the quasi-legal framework of labor-management relations. The rights to due process and privacy are emphasized. Drug screening programs are intended to deter employees from using drugs. Deterrence, however, is not likely to be effective because of the problems inherent in drug screening. Although drug screening programs are not necessary when EAP's are effective, if they are used they should be based in clear written policies; be used only when work performance is clearly inferior; and be handled in accordance with due process, progressive discipline, and constructive confrontation. There should also be provision for appealing drug screening offenses to an outside arbitrator. 60 footnotes.