Civil Rights and the "War" on Alcohol and Drugs (From Alcohol and Drugs are Women's Issues, Volume One: A Review of the Issues, P 48-53, 1991, Paula Roth, ed.)

• NCJ Number: 154331
• Author(s): E Weber
• Date Published: 1991
• Length: 6 pages
• Sale Source: Scarecrow Press; Women's Action Alliance
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America
• Note: DCC

Annotation

Drug testing programs have raised significant questions about a woman's privacy and due process rights; drug testing may subject women to the intrusive and humiliating experience of providing urine samples to an employer and, in some cases, being observed in the process of doing so.

Abstract

Important civil rights issues are related to alcohol and other drug testing, and individual rights have been compromised in some cases. One of the most controversial measures adopted by employers to fight drug use in the workplace involves drug testing. Like all laboratory tests, drug test results can be inaccurate, and both over-the-counter and prescription medications have been misidentified as illegal drugs. Drug tests can also reveal medical conditions totally unrelated to drug use. Drug testing programs vary considerably among employers; many employers test all job applicants but test employees on a more limited basis. In the case of women, drug testing programs have raised significant questions about a woman's privacy and due process rights. Many women have filed lawsuits that challenge the right of employers to conduct drug tests and the adequacy of test procedures used. Most cases have challenged drug testing in the public sector by schools, police and fire departments, and public transportation authorities. Twelve States have enacted legislation to regulate drug testing by private employers. Laws that protect women who are addicted to alcohol and other drugs from employment and housing discrimination are noted. 11 references