NCJ Number
116380
Journal
University of Kansas Law Review Volume: 36 Issue: 4 Dated: (Summer 1988) Pages: 823-868
Date Published
1988
Length
46 pages
Annotation
Employers considering testing employees for drug use face a wide range of legal issues in determining whether to test, who to test, the circumstances under which to test, and what actions to take if an employee refuses to submit to a drug test or tests positive for drugs.
Abstract
Thus, employers need to be aware of their State's laws regarding testing, because many States have enacted or are considering restrictions on the rights of employers to test for drugs. Employers must also stay aware of the technology relating to drug testing to ensure that they use the most reliable methods of testing. Finally, they must be sensitive to employees' privacy rights and other rights and must assure that drug testing procedures do not unduly infringe on these rights, both to avoid liability and as a matter of employee relations. In promoting their justifiable goals of protecting their business interests and maintaining drug-free work environments, employers must also keep in mind their responsibility to deal fairly with their employees and to preserve the dignity and privacy of those employees. 283 footnotes.