NCJ Number
106922
Journal
Nova Law Review Volume: 11 Issue: 2 Dated: (Winter 1987) Pages: 553-561
Date Published
1987
Length
9 pages
Annotation
The Civil Liberties Union of Massachusetts has filed legislation which would allow requests for urine samples and samples of other bodily fluids or tissue only pursuant to strict regulations by the Department of Labor and industries.
Abstract
The legislation would allow testing only where there are scientifically accurate means and the employer has reasonable grounds, based on specific objective facts, that the employee's faculties are impaired on the job. Impairment should present a clear and present danger to the physical safety of the worker or others, and the employer should pay for an independent evaluation of the test. The employer should provide reasonable opportunity to rebut or explain the results of the test. Employees would have the same right to bring a civil action for injunctive relief and the awarding of court cost and reasonable attorneys fees as they now have when an employer violates the Massachusetts statutory prohibition against giving lie detector tests. The proposed legislation is appended. 20 footnotes.