NCJ Number
106934
Journal
Nova Law Review Volume: 11 Issue: 2 Dated: (Winter 1987) Pages: 763-778
Date Published
1987
Length
16 pages
Annotation
This article challenges the basic assumptions of employee drug testing, i.e., that drug abuse in the workplace is a major source of worker inefficiency and dangerous conditions and that drug testing is a reasonable, effective solution to these problems.
Abstract
The extent of illegal drug abuse in the workplace is limited compared to the prevalence of alcohol abuse, such that universal drug testing is disproportionate to the scope of the problem. Drug testing also has little value in screening out impaired workers or job applicants who fail to meet objective standards of productivity and safety. Rather than being an effective response to a significant problem, employee drug testing is a symbolic hostile act toward persons who use illegal drugs. It is an ideological initiative intended to stigmatize nonconformity and coerce compliance with drug laws. If administered often enough, drug testing may significantly deter illegal drug use, since sanctions for drug use, including job dismissal, can be imposed without complying with the reasonable-doubt burden of proof required for criminal convictions. 37 footnotes.