An Analysis of Employee Rights vs. Employer Rights

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An Analysis of Employee Rights vs. Employer Rights BSAD 319 – Professional Ethics 4/29/2012 When comparing the granted rights of employees versus employers, it does not truly seem that either party has the advantage. These factors can often vary depending on state laws and regulations, and it appears when consulting these laws, that there are many loopholes due to the gray areas that accompany behavioral legal situations. There are many occurrences of foul play, stereotyping and opinionated biases that seem to have caused and shaped these existing laws. Very much like the medical field now, it seems that many employers have taken tedious extra precautions in order to avoid legislation with what may be disgruntled past employees.…show more content…
This can be interpreted unfairly, due to the fact that many things ingested by the human body can appear to be harmful on a urine test. This inaccuracy paired with human lab errors in the analysis stage can lead to problems for an employee, for no legitimate reason. As stated in an article published by the American Civil Liberties Union, “The lab procedure is a second invasion of privacy. Urinalysis reveals not only the presence of illegal drugs, but also the existence of many other physical and medical conditions, including genetic predisposition to disease - or pregnancy. In 1988, the Washington, D.C. Police Department admitted it used urine samples collected for drug tests to screen female employees for pregnancy - without their knowledge or consent. Furthermore, human error in the lab, or the test's failure to distinguish between legal and illegal substances, can make even a small margin of error add up to a huge potential for false positive results.” (American Civil Liberties Union, 1997.) The disclosure of pregnancy is a very difficult topic for women in the workplace. It is one of the reasons that women have been unable to attain the same status of men in a professional setting, and it is still one of the reasons why women are not making the same salary amounts statistically, as most men. The fact that this information is available to the employer without permission, is not only a side product of drug
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