Employment Law
The practice of random drug testing of current and potential employees is a hotly debated topic. Many people join argued that employers and employees should not be taking psychotropic performance, because it could endanger the production and safety. On the other side with employees who argue that random drug testing is a violation of privacy.
Opponents
Many civil liberties, such as the American Civil Liberties Union (ACLU) say that pre-employment and random drug testing is a violation of the privacy of a person. If your performance is satisfactory and there is no reason to suspect abuse of drugs in the workplace, should not be tested.
According to some statistics, evidence of poor quality medicines, which administer most Employers tend to show false positive results. An estimated 10% – 30% of false positives.
In addition, opponents argue that the evidence drug does not specify when an employee is under the influence of drugs, drugs that are present only in the worker's body when the urine is administered. This means the employee can work on stone cold sober every day, but still test positive for a drug test. In the eye of the opposition, is the wrong method determination of depreciation.
Developers
Supporters of the review argue that drugs are entitled to know if your employees consume drugs because an "alteration" of employees could compromise the safety and production. According to the developers, the statistics indicate that employers are losing thousands of dollars each year because of the drugs used. Although the extent to which this issue is controversial, there is no doubt that this is sometimes the case.
In addition, employers say they face persecution and liability if security was compromised by a "high" of employees. This is particularly relevant to employees who are directly responsible for the safety of others. The drivers and bus drivers, for example, must be tested more frequently for that will not compromise public safety.
State law
Although not prohibited by federal drug testing, many states have found randomized trial was unconstitutional state employees. In addition to state employee unions, many people are filing lawsuits against private employers.
The opinions on drug testing vary widely across the country, but one thing remains the control of certain drugs should be carried out in accordance with the Mental Health Services Administration (SAMHSA). If your employer has not complied with SAMHSA, can be held accountable for discrimination.
For more information on illicit drug testing, contact with San Antonio Employment Lawyers and Kumla Melton, LLP.
Joseph Devine
Law Videos – Employment Law – Chapter 8
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