Employer's Right To Test for Substance Abuse, Infectious Diseases, and Truthfulness Versus an Employee's Right to Privacy

• NCJ Number: 113236
• Journal: Labor Law Journal Volume: 39 Issue: 8 Dated: (August 1988) Pages: 528-534
• Author(s): J A Lips; M C Lueder
• Date Published: 1988
• Length: 7 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

Private and public employers are justified in testing their employees for illegal drug use, alcohol abuse, infectious disease, and truthfulness under appropriate circumstances and in appropriate ways.

Abstract

If the information being sought is not relevant to reasonable employer concerns and is not obtained in appropriate ways, the employer runs the risk that mandatory employee testing could be viewed by the courts as an invasion of the employee's privacy, which is protected by some constitution, statute, or common-law cause of action. Reasons for testing likely to be accepted by the courts are to ensure the safety of workers, customers, and the public; to improve worker performance; to reduce employee absenteeism and employer insurance rates; and to discourage employee theft, drug selling, and other criminal activities. Tests should not be unreasonably intrusive or demeaning, and they should be reliable. Even under the foregoing conditions, however, testing may be legally risky when less invasive investigatory procedures will suffice. 49 footnotes