Employee Privacy Concerning Drug Testing in the Workplace A Term Project Undertaken By: Labor and Employment Law MGT 424 Employee Privacy Concerning Drug Testing in the Workplace A.Court Cases Affecting Privacy of Employees and Drug Testing in the Workplace 1.Supreme Court cases affirming drug testing Railway Labor Executives Association 109 S.Ct1402(1989)b.National Treasury Employees Union v. Von Raab, 109 S.Ct. 1384 (1989)2.Other lower court and State court rulings a.Kraslawsky v. Upper Deck 56 Cal.App.4th 179, 66 Cal Rptr.2d.297(CA 4, 1997)b.Pettus v. DuPont, 49 Cal.App.4th402, 57 Cal.Rptr.2d 46 (1997)3.Supreme Court cases dealing with Privacy in generala.Griswold v. Connecticut381 U.S. 479, dealing with individual rights to privacyB.How Do You Define Drugs?1.Just Illegal Drugs on the Street?2.Alcohol can be abused to?C.What is Reasonable Suspicion?1.Who should be the one to decide this?a.What should the criteria be?2.Should we only test the most critical jobs that are for the safety of the public good?D.Lab Testing1.Is it accurate and can the employer rely on the outcome?2.How much do you spend to make sure you get the right answersE.Positive Test1.How should the information be handled?2.What should be done with the employee?3.What about rehabilitation?F.Who’s Rights are We Infringing On1.Employees?2.Employers?Privacy and drug testing have gone hand in hand since President George Bush instituted the Drug-Free Workplace Act in 1988. This act only affected federal workers and was only to be used in certain circumstances, so as to not impact the privacy of the federal employees, but to make sure that the federal workplace was a safe place to work in. This was actually the start of pre-employment drug testing and the on going testing of those who had returned from a rehabilitation programs for drug and alcohol abuse previously. All federal agencies instituted drug-testing programs at this time to protect the safety and security...
