NCJ Number
128803
Journal
Prosecutor Volume: 24 Issue: 1 Dated: (Summer 1990) Pages: 11-16
Date Published
1990
Length
6 pages
Annotation
In two Supreme Court cases, the constitutionality of mandatory workplace drug testing without particularized individual suspicion of drug use was upheld; the issue of random drug testing was not considered in either of these cases. A third Supreme Court decision upheld the right of Conrail to include drug screening as part of periodic physical examinations required of all employees.
Abstract
Courts have generally upheld the use of pre-employment drug tests to screen applicants for public safety positions and have affirmed the right of employers to refuse to hire on the basis of a positive test. Employers who reasonably suspect workers of drug or alcohol use on the job are allowed to conduct drug tests for disciplinary rather than criminal reasons. In several cases where employees carry firearms, work in drug interdiction situations or in other positions affecting the public safety, courts have upheld random drug testing of current employees. Even with State constitutional provisions of rights to privacy, private employers have a broad right to require widespread drug and alcohol screening. Some of the other issues faced by employers operating a drug screening program include reliability of the particular test utilized and maintaining a chain of custody of samples.