Drug Testing at Workplace

In: Business and Management

Submitted By ragehot
Words 1188
Pages 5
A growing trend in the business world today is to use drug testing to screen prospective job applicants and monitor current employees for drug usage. Drug testing at work presents us with a difficult ethical dilemma raising a question: How businesses can respect individual’s basic right to privacy and at the same time provide a safe and productive work environment. Drug testing at workplace is a serious ethical and legal issue with opponents claiming that it is directly infringing on employee’s constitutional rights to privacy. Drug testing can be viewed as a form of a search and seizure under the Fourth Amendment of the U.S. Constitution, USCS Const. Amend. 4. This was confirmed by the Supreme Court ruling in Schmerber v. California 384 U.S. 757; 86 S. Ct. 1826; 16 L. Ed. 2d 908 (U.S. 1966)
With any blood, urine or hair sample taken, people give out more than just information about illicit drugs usage. Each of those samples contains wealth of personal biological data. It is possible that employers might be fishing for evidence, for purposes other than was disclosed or suggested prior to the testing. With provided biological samples employers can illegally screen potential employees and discriminate against them based on their health problems, pregnancy or even genetic makeup (Statue 42 USCS §§ 2000ff prohibits employment discrimination on the basis of genetic information). If an individual refuses to undergo the testing examination, an applicant or an employee can be terminated or simply rejected. In California case of Luck v. Southern Pacific Transportation, 218 Cal. App. 3d 1; 267 Cal. Rptr. 618; (Cal. App 1990) the court found that Barbara Luck did not have to provide urine sample to her employer based on “reasonable expectation of privacy protected under statue of Cal. Const. art I, §1,
Also the whole idea of submitting to the drug test…...

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