NCJ Number
107438
Journal
Trial Volume: 23 Issue: 7 Dated: (July 1987) Pages: 25-35
Date Published
1987
Length
11 pages
Annotation
After reviewing the legal issues in employers' drug testing employees, this article presents guidelines for employers that will reduce their risk of liability in drug testing programs.
Abstract
The courts have generally upheld drug testing programs by public employers when the tests are announced in advance and are conducted only when an employer has reasonable suspicion that a particular employee is using drugs at work. The random testing of public employees may be successfully challenged when those employees hold no position of public trust and when their impaired job performance is not a threat to themselves or others. The Federal Vocational Rehabilitation Act, which prohibits employment discrimination against the handicapped in federally funded projects, does not prohibit employer action against employees impaired by substance abuse. Similar State employment discrimination laws vary on whether drug addicts or alcoholics are to be considered handicapped. A drug testing program can reduce the risk of liability by having a well-crafted policy statement, stated employee standards of conduct regarding substance abuse, clear descriptions of detection methods, a description of how policy will be enforced, a definition of rehabilitative alternatives to discipline, appropriate procedural safeguards, and staff training and employee education. 57 notes.