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…
One can file a workplace drug testing lawsuit In the Court of Law all facts involved will be consider to determine if your employee had a good cause to discipline you.
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
place.
An employer not only uses the drug to determine if one is using drugs or has ever used drugs. It is also used to determine what type of drugs. It is also used to determine if a female employee or a potential female employee is pregnant, such an act is an invasion of the female privacy.
To conclude, drug testing in the work place should not take place because of the facts stated earlier. No one likes their privacy invaded and the Amendments should be honored.
References
Drug & Alcohol Use (under the American 's with Disabilities Act) by the U.S. Equal Employment Opportunity Commission (EEOC)
Drug Testing by the Substance Abuse and Mental Health Services Administration (SAMHSA), a division of the U.S. Department of Health and Human Services working by the U.S. Department of Labor (DOL)
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…
One can file a workplace drug testing lawsuit In the Court of Law all facts involved will be consider to determine if your employee had a good cause to discipline you.
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
place.
An employer not only uses the drug to determine if one is using drugs or has ever used drugs. It is also used to determine what type of drugs. It is also used to determine if a female employee or a potential female employee is pregnant, such an act is an invasion of the female privacy.
To conclude, drug testing in the work place should not take place because of the facts stated earlier. No one likes their privacy invaded and the Amendments should be honored.
References
Drug & Alcohol Use (under the American 's with Disabilities Act) by the U.S. Equal Employment Opportunity Commission (EEOC)
Drug Testing by the Substance Abuse and Mental Health Services Administration (SAMHSA), a division of the U.S. Department of Health and Human Services working by the U.S. Department of Labor (DOL)