Preview

Workplace Drug Testing Violates Civil Rights

Satisfactory Essays
Open Document
Open Document
425 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Workplace Drug Testing Violates Civil Rights
Drug testing at work Christine Carlos
ITT Technical Institute

Drug testing at work violates ones civil rights as stated in the Amendments and it also violates one’s personal privacy. A test for Drug in the workplace became when President Reagan signed "Executive Order 12564 -- Drug-free Federal workplace". This created the Drug-Free Workplace Act of 1988.
The legality of drug testing in the workplace, especially the legality of random drug testing has cause and is still causing major controversy. Most legal professionals consider it to be a personal privacy invasion and an unreasonable search and seize, which is contrary to ones rights granted by the Fourth and Fourteenth Amendments to the U.S. Constitution.
All major companies and corporation requires drug test before and after one hired. A person has to prove their innocence even if there is no suspicion of guilt. One is now guilty of drug abuse and is required to prove their innocence; this indeed is contrary to ones rights granted by the “innocent until proven guilty” principle of U.S justice. …show more content…
However, one can still receive severe disciplinary actions which up to and including termination form the job or in some cases no get hired. The Substance Abuse and Mental Health Services Administration (SAMHSA), states "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). This is one of the main reasons for drug testing in the work
Continue Reading
View Writing Issues

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Drug Testing Case Summary
    • 446 Words
    • 2 Pages

    Drug Testing Case Summary

    Another case that addresses drug testing is Aubrey v. School Board of Lafayette Parish (1998). In this case we are looking at the Fourth Amendment rights of employees. Aubrey was a custodian at an elementary school. In December 1992 the board adopted an Employee Drug Testing Policy stating all "safety sensitive" employees are subject to random selection and drug testing each year. In August of 1993, Aubrey attended and in-service where the y policy was dispersed and reviewed. On September 28, 1994, Aubrey and fourteen other employees undergo drug testing through urinalysis screening. Aubrey tested positive for a chemical that is known to be found in marijuana. In lieu of termination, the Board recommended that Aubrey attend a substance abuse program.…

    • 446 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Good Essays

    Should Wefare Recipients Be Drug tested
    • 826 Words
    • 4 Pages

    Should Wefare Recipients Be Drug tested

    Pre-employment drug testing and post hiring random testing has become common place in today’s business world. In order to ensure that their employees can function safely for the good of themselves, fellow employees and the company property, companies have adopted the practice of drug testing employees.…

    • 826 Words
    • 4 Pages
    Good Essays
    Read More
  • Satisfactory Essays

    Hsm 230 Week 9 Capstone Checkpoint
    • 335 Words
    • 2 Pages

    Hsm 230 Week 9 Capstone Checkpoint

    The dilemma is that on one hand it might be a violation of rights to ask people to be drug tested, but it’s no more intrusive than providing social security #’s, birthdates, and mother’s maiden named, or pay stubs. According to the American Civil Liberties Union, (2008) the 1996 Welfare Reform Act authorized - but did not require - states to impose mandatory drug testing as a prerequisite to receiving state welfare assistance. This is in part to the fact that some think that testing people for drug use is a violation of their civil rights.…

    • 335 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Satisfactory Essays

    Arguing for Drug Testing Policy
    • 560 Words
    • 3 Pages

    Arguing for Drug Testing Policy

    It is important that we strive to maintain a safe and effective work environment for every single one of our employees. It is estimated that workplace accidents related to drugs have costs employers in the United States $75 to 100 billion dollars per year. Those who abuse are also six times more likely to file worker’s compensation claim and use 16 times the amount of health benefits as their fellow employees who do not use drugs. (http://www.employmentdrugtesting.com/screening.html_) Not ensuring that our employees are drug-free could end up costing our company a great deal of money in the long run if an employee under the influence injures themself or another employee while on the job here at Life Support, Inc.…

    • 560 Words
    • 3 Pages
    Satisfactory Essays
    Read More
  • Good Essays

    Drug Testing Welfare Recipients Panel Speech Example
    • 580 Words
    • 3 Pages

    Drug Testing Welfare Recipients Panel Speech Example

    We can also look at some of the views of people who are entirely opposed to the idea of drug testing welfare recipients. In 1999 Michigan ran a pilot program to drug test welfare recipients and was sued by the American Civil Liberties Union claiming that constitutional rights were violated because testing was done without “individualized suspicion.” Many other state such as Florida, Virginia, Ohio have all attempted to pass these bills but to no avail because already two months into this…

    • 580 Words
    • 3 Pages
    Good Essays
    Read More
  • Good Essays

    Employee Drug Testing Case
    • 416 Words
    • 2 Pages

    Employee Drug Testing Case

    Appellants, Nevada employment security department and employer challenged an order of the 8th judicial district court. Which reversed appellants department's decision to deny respondent employee's claim for unemployment benefits.…

    • 416 Words
    • 2 Pages
    Good Essays
    Read More
  • Good Essays

    Mandatory Drug Testing Case Study
    • 658 Words
    • 3 Pages

    Mandatory Drug Testing Case Study

    The legal foundation for suspicionless student drug testing rests upon Vernonia v. Acton (1995). In that landmark decision, the Supreme Court upheld the constitutionality of a school policy requiring student athletes to pass random urinalysis tests as a ground for participation in interscholastic sports. The Court rejected a Fourth Amendment claim asserting that such tests are an unconstitutional invasion of privacy. Closely watched nationwide, the decision effectively opened the door for school districts to institute similar policies of their own.…

    • 658 Words
    • 3 Pages
    Good Essays
    Read More
  • Powerful Essays

    Mandatory Random Drug Testing
    • 1596 Words
    • 7 Pages

    Mandatory Random Drug Testing

    In 1986, former President Ronald Reagan signed Executive Order 12564, which requires all federal employees to avoid using illegal drugs, whether on or off-duty, as a condition for federal employment. In 1988, Congress passed the Drug-Free Workplace Act of 1988, which, in turn, initiated the creation of federal Mandatory Guidelines for Federal Workplace Drug Testing Programs (Section 503 of Public Law 100-71). The mandatory guidelines apply to the uniformed services, contractors or service providers under contract with the federal government, and to executive agencies of the federal government. Even though the Drug-Free Workplace Act of 1988 applies to federal employees, state and local governments followed along and adopted similar programs under state laws and drug-free workplace programs (Drug testing, 2011).…

    • 1596 Words
    • 7 Pages
    Powerful Essays
    Read More
  • Better Essays

    Preventing Workplace Discrimination Simulation
    • 1038 Words
    • 5 Pages

    Preventing Workplace Discrimination Simulation

    In most companies, the use of drugs especially during work hours or being under the influence of drugs or alcohol while at work is a company policy violation. The violation can lead to immediate termination in an organization. The organization has the responsibility to reasonably protect its employees including from those under the influence of drugs. A reasonable accommodation would be to rehire the employee once the employee has been through rehab and is completely rehabilitated. Once the employee has been rehabilitated, the employee is then covered under the ADA. According to the Center for Psychiatric Rehabilitation, "The ADA also covers past history of alcoholism and drug abuse if the person is no longer currently using illegal substances. Alcoholism is covered as a disability if a person is still abusing alcohol, although it does not prohibit an employer from taking disciplinary action for unsatisfactory performance or failure to comply with company policy" (Boston University, 2010, p.…

    • 1038 Words
    • 5 Pages
    Better Essays
    Read More
  • Good Essays

    Welfare Drug Testing Research Paper
    • 723 Words
    • 3 Pages

    Welfare Drug Testing Research Paper

    “Many ask and wonder if we should drug test but there is no point to it because it’s only a waste of states money.”(Salon Media Group) There is no point to do drug tests. People won’t listen and do the right thing. “Drug tests are expensive it takes a lot of money to get them, Millions.”(Salon Media Group) It’s so much money that’s a waste. I wouldn’t do drug tests id actually use the money wisely. “It is not important to drug test according to congress votes people are angry for the state to lose and be wasting money for something that isn’t worth. (Salon Media Group) Congress and everyone else agrees to not waste money. People are very mad about the money that the state wastes.…

    • 723 Words
    • 3 Pages
    Good Essays
    Read More
  • Good Essays

    Mandatory Drug Testing Argumentative Essay
    • 674 Words
    • 3 Pages

    Mandatory Drug Testing Argumentative Essay

    Another point against mandatory drug testing is the issue of costs for either the necessary equipment or tools to test each employee. The argument against this is that the total cost for each test is outweighed by the possibility of a lawsuit or legal ramifications from another individual or party who was harmed or wronged by an employee while they were under the influence of either alcohol or another substance due to the absence of mandatory drug testing. Arguments against mandatory drug testing states the possibility of false positives in the results of drug tests. This is a valid point in that the purpose of mandatory drug testing is remove those under the influence and are impaired from their responsibility and at the same time, keep other members of society from harm. To counter that argument, the punishment for testing positive would be an immediate removal from the position but not a dismissal from their employment and to undergo additional testing to determine if the original positive result was the product of a false positive or an indication of use while in their respective…

    • 674 Words
    • 3 Pages
    Good Essays
    Read More
  • Better Essays

    Workplace Drug Testing
    • 1714 Words
    • 7 Pages

    Workplace Drug Testing

    Drug testing within the workplace has become a common practice over the past three decades. While employers continue to focus on eliminating the risks that are associated with drug use from their workplace many other areas are just realizing that drug testing is important. One such area is through workforce development and training. Focusing solely on Indiana, drug testing was implemented for all new individuals who were enrolled in training provided by the Workforce Investment Act of 1998 on July 1, 2011. Individuals receiving this training were now subject to drug testing prior to starting the training process.…

    • 1714 Words
    • 7 Pages
    Better Essays
    Read More
  • Satisfactory Essays

    Thw Introduce Random Drugs Testing in Schools
    • 393 Words
    • 2 Pages

    Thw Introduce Random Drugs Testing in Schools

    Random drug testing in schools would be perceived as a violation of the notional right to privacy. This violation would then be seen as a harm, and so should not be imposed without good reason, which then makes a problem out of the nature of the drug testing being ‘random’ and means that drug tests would be forced upon individuals of whom there is no reasonable suspicion of drug use. As statistics, which I will talk about later on, show that the majority of those tested prove to be negative, this majority will be harmed as a consequence of the crimes of others.…

    • 393 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Powerful Essays

    Drug Testing and Ethics
    • 2040 Words
    • 9 Pages

    Drug Testing and Ethics

    Both of these scenarios are tricky ones. On the one hand, any employer would want to get drugs out of the workplace. On the other hand you don’t want to invade an employee’s privacy. At the same time some jobs may require employees to conform to a certain standard of behavior both on and off the job, but how much is too much? How much should be employees be judged and how high of a standard should be set. Where do we draw the line?…

    • 2040 Words
    • 9 Pages
    Powerful Essays
    Read More
  • Good Essays

    Drug-Free Workplace
    • 997 Words
    • 4 Pages

    Drug-Free Workplace

    The first compliance requirement of the Drug-Free Workplace Act of 1988 states the following: to publish a statement notifying the employees that the unlawful manufactured distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying what actions will be taken against employees for violations of the prohibition (Miller, 1991). Our first statement of our new drug-free workplace policy states: "Unlawful manufacture, possession use or distribution of illegal drugs while working at Mechanical MD is prohibited. Use of legal prescription drugs in excess or that do not have a prescription will be in violation of this policy in addition to use of alcohol or over the counter drugs in excess to the extent the employee's health or safety are in jeopardy. Employees who violate the policy are subject to disciplinary action up to and including termination." (Sample Drug Free Workplace Policy, 2006).…

    • 997 Words
    • 4 Pages
    Good Essays
    Read More

Related Topics