Individual Worker and Drug Testing: Tort Actions for Defamation, Emotional Distress and Invasion of Privacy

• NCJ Number: 155867
• Journal: Duquesne Law Review Volume: 28 Dated: (1990) Pages: 545-559
• Author(s): C J Dangelo
• Date Published: 1990
• Length: 15 pages
• Sale Source: National Institute of Justice/
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America
• Note: DCC

Annotation

This commentary explores how private sector employees can use tort actions to defend themselves against employer drug testing programs.

Abstract

Individual workers have successfully recovered damages for injuries caused by mandatory employer drug testing, based on several causes of action: invasion of privacy, defamation, intentional infliction of emotional distress, and negligent infliction of emotional distress. On the other hand, employers cite four primary reasons for employee drug testing: (1) concern over economic costs of drug abuse which result from increased health care costs, absenteeism, and on-the-job accidents; (2) fear of liability for injuries caused by employee drug use; (3) belief that drug use increases the amount of employee theft; and (4) desire to control off-duty conduct and lifestyles of employees. Although actions are available to employees who want to challenge employer drug testing programs, certain actions may be limited and vary considerably among jurisdictions. 126 footnotes