Drug Testing In Selection: Legal, Ethical and Privacy

Issues

Joanna Bonilla, Anthony Bordogna, Danielle Dow, Antoine Woods,

Stephanie Brawley

Legal

• Prospective • Once-a-year testing

Privacy

• “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. “

-A direct quote from the American Constitution.

Privacy

• Employee– Feel they should be tested solely to

determine if their workplace performance has been affected negatively.

• Employers– Feel that it is an effective and necessary

aid in the selection process.– When it comes to drug-screening, an

employee’s privacy is indifferent.

Privacy

• No federal law prohibits the use of drug-screening tests.

• The method used by the employer in administering the drug test can make the employer liable under tort law for invasion of privacy.

Ethical

• Potential employees feel that these tests are unfair

• Random drug-testing

Fun Facts

• Drug screening began in 1970.

• From 1987-1997, drug screening increased 277%.

• The average cost of a urinary analysis is $35 per applicant/employee.

• Types of drug tests: blood, urine and hair.

American View of Drug Testing in Corporations