Friday, February 10, 2012

Drug Testing: Necessary for Employers or Infringement on Workers

The topic of drug testing in the workplace brings up several different debates on why or why not employers should test employees.

Some of the main views from the opposing view is that it is a violation of the worker's civil rights. A main talking point that people have is that drug testing is mainly used to pick out people who use cannabis because other harder drugs that are tested for easily dissipate from the system and cannabis is something that can stay in a person's system for several weeks after they use it.

The American Civil Liberties Union (ACLU) says that drug testing, no matter how random it is, is still a direct invasion of privacy and the rights of the person being tested. The ACLU discusses how the methods of drug testing often force employees to submit urine samples in front of an observer to watch for tampering, which can be very embarrassing and is a direct invasion of privacy. 

The ACLU also brings up the possibility of problems with errors in testing and the amount of non drug related details that can be found in urinalysis. 

There are two sides to every story and with this issue, you must look at both sides. Many people who oppose drug testing say it's an invasion of privacy but employers feel that drug use is a major issue to have at the workplace.

Some people believe that drug testing is a necessary means to stop illegal drug use in the U.S. and say that nearly 1/3 of all jobs in the U.S. are using drug testing. 

A main backing for the supporters of drug testing in the workplace is that the Supreme Court has ruled that drug testing is constitutional in both the public and private job sectors.

The logic behind upholding that drug testing is constitutional comes from the doctrine "employment at will". This states that an employee or employer can terminate a contract for any reason unless a contract says differently. 

Overall, drug testing is something that employers will use because they want to be able to check to see if their employees are using illegal substances and should use certain guidelines and ask themselves certain questions of how their drug testing policy will be. 






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