Employee Drug Testing

As companies nationwide have felt the impact of drugs in the workplace, an increasing number are battling the problem through drug-free workplace policies, employee education, drug testing, employee assistance programs and even undercover drug busts. If your company has joined the war against drugs, make sure you understand the legal issues involved-especially if you're deciding whether to hire and fire based on drug tests. Make a wrong move and you can land in court, defending your company against charges of negligence, violation of privacy, defamation, or violating the Americans with Disabilities Act (ADA) or Title VII of the Civil Rights Act. Here are some areas of potential ...

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an employer may test but on how the test is done.

For preemployment screening, the ADA requires that medical exams not be done before the applicant has received a conditional offer of employment, but it specifically excludes drug tests. However, many companies hoping to avoid defamation suits retain a medical review officer to examine test results and possibly talk with the person concerned, to see if there's an innocent explanation for a positive test result. In some interpretations, that turns a drug test into a medical exam. "Prudence dictates extending a conditional offer," Segal says. "So does common sense. There is no reason to incur the cost and concomitant risk of a test if the applicant is not otherwise qualified."

Segal advises employers to conduct the test immediately after making the conditional offer, so the applicant doesn't have enough time to eliminate drugs from his system. Then wait to begin employment until you receive the negative report. "It's easier to keep an ...

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Employee Drug Testing. (2005, July 17). Retrieved June 6, 2020, from http://www.essayworld.com/essays/Employee-Drug-Testing/30225

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"Employee Drug Testing." Essayworld.com. July 17, 2005. Accessed June 6, 2020. http://www.essayworld.com/essays/Employee-Drug-Testing/30225.

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Added: 7/17/2005 10:04:09 PM
Category: Social Issues
Type: Premium Paper
Words: 1197
Pages: 5

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