Workplace drug testing is a difficult legal line with the US federal government strongly backing it while some states have legalized its use. Policy is different in different states and the European view is as varied as in the US. This solution discusses some of the laws and how they apply to different states and countries.
Workplace Drug Testing in the United States
Drug testing in the workplace is a growing trend in America (Zimmer, 1995; "Workplace drug testing," 2002; ACLU, 2012). Drug testing was first actively promoted by President Ronald Reagan in the 1980s in an attempt to reduce the demand on drugs (Zimmer, 1995) and increased 277 percent between 1987 and 2002 ("Workplace drug testing," 2002). The current issue at hand stems from a question in MNM 633XP41 Learning Topic Three Quiz (2012): You may require all applicants for a position to complete a drug test. The answer is False because an employer may require some applicants to take a drug test as a condition of employment (Guerin, 2012). This means a company does not have to request every applicant to take a drug test, only those being considered for the position or the actual selected applicant as a condition for employment.
Employers test for drug use to qualify for workers' compensation discounts, avoid legal liability, and to maintain productivity (Guerin, 2012). Companies in the private sector embraced drug testing during the Bush Administration (1989-1993) "requiring the testing of private sector workers in certain regulated industries, such as transportation and nuclear power, and expanded the effort to convince private businesses to test other workers" (Walsh and Gust, 1989 in Zimmer, 1995, para. 7). In the United States, Title III of the American with Disabilities Act of 1990 (as amended) "does not prohibit discrimination against an individual based on that individual´s current illegal use of drugs" (§36.209(a)(1)). And while employers should have the right to expect the workforce to be sober ("Workplace Drug Testing," 2002), the depth of this stance varies from state to state.
With 16 States allowing legalized marijuana, and another 16 States in the process of legalizing it ("16 States," 2012), there is a growing resistance to the how people and States view some Federally recognized drugs. The American with Disabilities Act of 1990 (as amended), Title III, Section 36.209, Illegal use of ...
The expert examines workplace drug testing. The different states and countries are provided.