Drug Testing in the Workplace
Workplace Drug Testing Employee Rights and Concerns (Cont.)
Part 4 of 4 is below. The next two pages list drug
detection times and drug cutoff
levels for drug testing in the workplace, respectively.
About Workplace Drug Testing Lawsuits
You might be able to challenge workplace drug testing in general or a
specific, related disciplinary action, through a lawsuit in court. Below
are a few of the reasons why. Some were previously mentioned. But they're
mentioned again, in case you skipped over them to this section.
Generally, state drug testing laws (and municipal equivalents) are lacking,
because they are still evolving. Some states have yet to even enact workplace
drug testing laws at this writing, despite that employers in the states
have been drug testing employees for years.
In either case, it opens the doors for employer abuse. It's worsened by
the fact that some employers don't even bother to follow guidelines established
by workplace
drug testing laws in states (and municipalities) that have them.
Many legal professionals oppose random drug testing in the workplace,
because they consider it to be a personal privacy invasion and an unreasonable
search and seizure, contrary to our rights granted by the Fourth and Fourteenth Amendments
to the U.S. Constitution.
Under today's random drug testing standards in many states, employers
may force employees to prove their innocence even when there's no suspicion
of guilt, by simply drawing names from a hat. In other words, employees
are essentially guilty of illegal drug abuse until proven innocent, contrary
to their rights granted by the "innocent until proven guilty"
principle of U.S. justice.
Today's drug testing in the workplace doesn't prove that employees are
impaired while working. It proves only that employees "did" drugs
in the recent past, but not necessarily while on the job or just before
going to work. Many opponents of workplace drug testing believe that employee
drug use is none of an employer's business in the legal sense, if employees
aren't doing drugs in the workplace and aren't impaired on the job.
If you fail a workplace drug test and get fired for violating your employer's
drug-use policy, a court will consider all factors involved, to determine
if your employer truly had good
cause to so-seriously discipline you for policy
violation. This is especially true under workplace drug testing laws
that encourage or require employers to allow offenders to choose a substance-abuse
treatment program instead of employment termination.
According to the Substance Abuse and Mental Health Services Administration
(SAMHSA), "All employers, even those with well-intentioned programs,
can face court challenges to their Drug-Free Workplace policy based on
questions of negligence (negligent hiring, supervision, libel
and slander), contract law, and discrimination (racial,
sexual, and disability)."
Subsequently, employees have filed workplace drug testing lawsuits and
won, even after they tested positive for drugs. Consult a lawyer about
filing a workplace drug testing lawsuit.
More Information about Workplace Drug Testing
Collectively, the following government resources provide more information
about drug testing in the workplace for both private- and public-sector employers
and employees, and Federal government contractors.
For legal advice regarding workplace drug testing, consult a lawyer.
Whether you're an employer or employee, only a lawyer can
give you legal advice that fits your particular situation.
Next Page > Drug Detection
Time for Drug Testing in the Workplace
Drug Testing in the Workplace > 1 • 2 • 3 • 4 • 5 • 6
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