Case Analysis : Employee Polygraph Protection Act

A high incidence of false positive results in drug testing is another reason for the argument that drug testing should not be used. In researching this paper I was surprised to learn how many over the counter drugs can produce false positive results. According to an article on The National Center for Biotechnology Information website entitled “Commonly prescribed medications and potential false positive urine drug screens” published Aug 15th 2010, “A number of routinely prescribed medications have been associated with triggering false-positive UDS results. Verification of the test results with a different screening test or additional analytical tests should be performed to avoid adverse consequences for the patients.” Some of the more common drugs that could produce false positive results were

The performance of random drug testing has seen its fair share of scrutiny in terms of cost, test result reliability, and constitutionality. Drug testing has been fraught with controversy for decades by both employers and employees alike and there are three valid reasons as to why the testing is not ideal. One of the main elements that is a cause for concern is an employee’s invasion of privacy. When an employee tests positive, there is a strong possibility and fear that they will be permanently stigmatized. Any explanation given to the employer, whether it’s voluntary or forced on contingency of employment, violates their HIPAA Rights. Supreme Court Justice Antonin Scalia, for example, has referred to the practice as a "needless indignity" (DeCew, 1994).

This is not a new technique as it has been around for sometime though in a different setting. Currently, most Americans working in either the private or the public sector must undergo a urinalysis test in order to keep their present jobs or get a new one (The Lectric Law Library par.2). This test is carried out in order to assess whether the worker is using drugs in order to evaluate the job performance of that particular worker. However, this exercise has faced a number of obstacles particularly law suits that have seen many federal courts rule out these practices in the workplaces. They are considered unconstitutional except when there is a reasonable suspicion on a particular individual who can then be forced to undertake the tests. Despite these obstacles many people believe that the employers have a right to assess the performance of their employers in order to safeguard their investments. Moreover, innocent employees need not worry if they have nothing to hide about their personal lives since the tests do not pose any life threatening experiences (The

The company has the right to terminate an employee as long as the termination does not discriminate or

The issue of drug testing in the workplace has sparked an ongoing debate among management. There are many who feel that it is essential to prevent risks to the greater public caused by substance abuse while on the job. However, others believe that the costs far outweigh the benefits and that it is an invasion of privacy. Putting all ethical issues aside, evidence presented in this paper supports the latter. The costs of drug testing are excessive and only a small percentage of employees are actually found to be substance users. Drug testing in the work place has a negative effect on productivity; contrary to what was originally intended. It actually decreases productivity

Drug testing in the workplace has become a controversial issue, with many believing that the act of drug testing employees is an invasion of privacy and an infringement upon rights. As more and more states legalize Marijuana there is debate whether employees can still be fired for having this “drug” in their system even though the state government, not federal, has allowed the recreational use of the drug. The “War on Drugs” significantly impacted the way employers, and employees alike perceived drug abuse and created a strong push for law enforcement to crack down on drug users. Troops returning from the Vietnam War who used Heroin also had a large impact on the drug testing protocols we see today. This paper will examine the history of drug testing, explore how testing is affected by legalized Marijuana, explore both the affirmation and the opposition to drug testing in the workplace, and conclude with recommendations for possible changes.

Facts of the case: Imagine you are an HR manager and your boss and owner of the company, Bill, comes to you suspecting his assistant, Paige, is stealing money from the company. Bill would like a polygraph test conducted to see if Paige is stealing from the company. He would also like you to conduct electronic surveillance on Paige’s work e-mail for anything suspicious.

Witness statements are key to the entire process of good investigative tactics. A worker that is in a comp case is often under investigation by use of a detective. The detective can then utilize witness statements as the employer can to help validate their side of the story. One example can be a detective seeing the worker work another job, when he is supposed to be at home recovering from his recorded

The statutory claim for unfair dismissal recognises that the common law cannot give adequate protection to the employees through the contract of employment, in that wrongful dismissal claim depends upon a breach of contract of the employment, usually in the form of inadequate notice being given by the employer. Many dismissals can be considered unfair that do not amount to the breach of the contract, for the wrongful dismissal claims look not to intention, motive, or the effect on an employee of a termination of the relationship nor to the procedural protections, but merely to the form of in which that relationship has been brought to the end. This paper will compare and contrast the different area between wrongful dismissal and unfair dismissal.

Throughout recent years, applicant drug testing has become one of the most prevalently used strategies by many organizations to control substance abuse in the workplace. Drug testing is a selection tool used by organizations to determine whether or not an individual has previously used drugs and/or alcohol. Most employers find that drug testing, if done correctly, is a worthwhile investment associated with increased workplace safety, lower absenteeism, fewer on-the-job accidents, improved productivity, lower theft rates, and less medical and workers' compensation expenses (Grondin 142). By identifying and screening out substance abusers, organizations believe that they are also screening out those

Drug testing has become a very big issue for many companies. Approximately eighty-one percent of companies in the United States administer drug testing to their employees. Of these, seventy-seven percent of companies test employees prior to employment. Even with the commonality of drug testing, it is still a practice that is generally limited to larger corporations which have the financial stability, as well as the human resources to effectively carry out a drug testing program. In the United States, it is suggested that as many as 70 percent of drug users are employed. Now this is a huge chunk, but as a result of drug testing, these big corporations have a significantly lower percentage of the employed drug users on their

The issue of drug testing in the workplace has sparked an ongoing debate among management. There are many who feel that it is essential to prevent risks to the greater public caused by substance abuse while on the job. However, others believe that the costs far outweigh the benefits and that it is an invasion of privacy. Putting all ethical issues aside, evidence presented in this paper supports the latter. The costs of drug testing are excessive and only a small percentage of employees are actually found to be substance users. Drug testing in the work place has a negative effect on productivity; contrary to what was originally intended. It actually decreases productivity instead of improving it. Drug testing causes a feeling

In many years, companies adopted many programs to monitor substance abuse in the workplace. The implementation of drug testing by companies grew in recent years. American workers have seen a dramatic increase in the use of drug testing in the previous years. Drug testing is implemented to assure safe workplaces for American workers. Drug testing can reduce the company’s health care and insurance costs. Even though drug testing has become common in the workplace, there is little research that exists regarding this matter. Overall, drug testing affects the decisions of workers by adopting a “zero tolerance” policy. Experienced users try to beat these tests by using drug to cancel the tracking of the drug itself. These workers attempt to avoid the detection of drug use for long periods (Borack, 1995).

In order to keep organization ethical as it relates to drug testing, the U.S. Supreme Court has approved four methods for drug testing. The organization can request a blood, breath, hair, or urine tests. These tests will not harm the job candidate or employee. The company will send the job candidate or employee to an off-site medical

The polygraph test is one of the most controversial criminal investigative techniques of all-time. From the initial years of the invention to today, there is not a consensus about the investigative tool. That is why there are many people for and against the administration of polygraph tests. Therefore, in order to develop a clear picture of the polygraph test the history of the test must be established. Although, there are many sources that have well documented concerns about the invention, the polygraph test is still around after almost 80 years.