Today more than ever, it is important for employers to protect themselves and their employees from injury and violation of rights. Huffman Trucking is currently preparing to enter into contract negotiations for the next five years. There are several issues that need to be decided one of which is whether or not to institute a policy of random alcohol and drug screening for their employees. Another of the issues that Huffman Trucking would like to include in the contract negotiations is the ability to discharge employees without warning for serious offenses. This paper will discuss the constitutional rights of the employee versus those of the employers with regards to these issues.
Drug testing in the workplace continues to be a difficult subject. Employers of course do not want to hire someone that is prone to taking illegal substances while on or off duty. Not only is it dangerous for the person taking the illegal substances, it is also unsafe for his or her co-workers.
Drug testing policies have been known to improve a company's standing by decreasing absenteeism, increasing productivity, improving workplace safety, and positively impacting profits. Although it seems like drug-testing policies is the way to go, employers need to be extra careful and make sure that they follow essential steps in drug testing future and current employees to prevent high costing lawsuits against the company. If they are not careful, they can be violating the privacy and constitutional rights of the employees. The key is to have written documentation and signature of employees stating that they are aware of the possibility of testing, which might occur in the workplace. (findlaw) Which can elevate the employer from being accused of violating an employee's right to privacy.
There are four types of drug testing. They are:
- Pre-employment screening -...