Drug Testing Is Illegal Essay example

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

How many people have had an interview for a job, received a call that they were hired, and then heard their future employer say that they will have to do a drug test before they can start this new job? “Although many people think that illegal drugs such as marijuana, heroin, cocaine and other street drugs became a problem for youth in the 1960’s the truth of the matter is that there has always been a drug problem in the United States when it comes to substance abuse”(testcountry.org). This past summer I had an interview at Russel Stover Candies, when they called to tell me that the position was mine, they then informed me that I would have to pass a drug test before I could officially have the job. Although some jobs and people believe that drug testing in the workplace should take place, many people do not believe in drug testing. Opponents of WDT (Workplace drug testing) argue that the process of drug testing amounts to an unwarranted invasion of a person’s private life and their body. Some people believe that the statement “free consent” is impossible to obtain. Drug testing did not come into play in the United States until the late 1980’s as a part of the Reagan administration. Before that, there was no standard way for jobs, schools, and even sports to drug test employees, students, or athletes. People that had jobs working with heavy machinery or people that worked in the Department of Transportation were mainly the ones getting drug tested. The issues with drug

In the case of Vernonia v. Acton the fourth amendment is involved. The fourth amendment states that all people should be secure in their persons, houses, papers and effects against unreasonable searches and seizures. The Vernonia School District found that student athletes were participating in drug use after an official investigation, because of this they began requiring random drug testing for the students to participate in school sports. A student at the school, James Acton, and his parents did not consent to the random testing so he was not allowed to participate in football. Because he was not allowed, it was questioned if random drug testing of the student athletes violated the reasonable search and seizure clause of the fourth amendment.

New Jersey statute N.J.A.C. 6A:16-4.4 raises a host of legal and financial issues for school district administrators. According to the law, when it comes to random testing of student alcohol and other drug use, districts that decide to do random drug tests must follow certain protocols to ensure students’ 4th Amendment rights are not violated.

Drug testing in the United States began with the explosive use of illegal drugs, in order to curb drug abuse. This began during the Vietnam War with drug use at a climax. In general, Drug testing is a way to detect illegal drug use and deter it, usually by Urinalysis. Drug testing in the United States violates a citizen's right to unreasonable search and seizure's along with jeopardizing one's freedom. Furthermore, Drug testing is not only an unreliable invasion of a person's privacy but it assumes that one is guilty before submitting to the test.

Mandatory Drug testing within schools reverses the legal principle of innocent until proven guilty and also violates the Fourth and Fifth Amendments of the Constitution. Without suspicion of drug use, there is no probable cause to test student-athletes for drugs, thus violating the Fourth Amendment right to be free from unlawful searches. Drug testing student-athletes without acquiring sufficient evidence to base accusations on, is essentially asking them to provide the evidence of their own guilt which violates the Fifth Amendment right to protect

Slowly pushing students to become addicts, drug testing high school student athletes may or may not be to blame. In Facts & Statistics on Random Drug Testing of High School Students, Dr. M.H. Davis stated, “In the early 1990s, many school districts began to look into drug testing as a way to curb student drug use, which led to two U.S. Supreme Court cases involving student privacy. The court upheld the constitutionality of drug testing student athletes in 1995, and in 2002, the court expanded high school drug testing policies to include all students who participate in a competitive extracurricular activity. In those rulings, the court stated deterring student drug use was more important than privacy” (Davis). Drug testing high school athletes

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

     There are different testing categories, and each comes under its own legal questioning. The first and by far the most common type of drug testing is pre-employment testing. This usually takes place when a company has decided to hire an employee, but makes that prospective employee pass a drug test before any sort of employment agreement is settled. Second, there is random drug testing that can involve two different policies. The first, simply being that random employees names are picked to undergo the testing. The second requiring all employees to take a drug test on a random day that can either be pre-announced or not. For example, my high school conducted drug testing on random students and on random days in a month. The third type of testing allows employers to test when they have reasonable suspicion to believe

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

Despite those who feel that drug testing is an invasion of privacy, it set an important part within the workplace and sport. Though many may feel that it is not necessary, it is something that can help a person in numerous ways. People may also believe that it is best to come together with something that can benefit this issue. Above all, many may agree to disagree, but with a compromise solution both parties can be equally content with the proposal

Companies putting these testing policies in place must also consider the legal repercussions involved if they are not careful. Many firms have found themselves in violation of our Fourth Amendment protection against unlawful search and seizure, better known as a violation of privacy. Opponents claim that the tests are too costly, ineffective, and prone to abuse. Random testing is a risk in many states, but if the employee is in a position in which drug use could result in the death of an employee or the death of others, random testing is usually OK. Another way employers are evaluating the need for a test is by

It seems that drugs have become a major epidemic within teenagers in the last few years. There is only so much that can be done to try and eliminate drug use, while not dramatically changing anything in the community. Drug testing the district’s student athletes provides many reasons that it is a worthwhile expense. Lawyers, Mark Vetter and Daniel Chanen, stated in the Sports Law Institute Newsletter “First, student-athletes were the leaders of the drug culture” (Vetter and Chanen ¶3). This simple statement proves that athletes need to be drug tested; it will improve multiple circumstances within the district and the lives of athletes. Drug testing student athletes at the high school level is a step every school district needs to take in order to improve their schools, and the students’ lifestyles despite the high price tag on these tests.

Imagine walking into work and seeing a new co-worker acting weird, or precisely showing signs of drug use and to have no clue about it. Is it not that person’s right to know that he/she will be sharing the same environment as someone who frequently practices drug use? On the other hand, The Ontario Human Rights Commission (OHRC) recognizes that addictions to drug and alcohol are considered ‘disabilities,’ meaning those who practice drug and alcohol use are in their right to not be discriminated or judged based on their ‘disability’ and instead accommodated. This issues remains controversial to this day since every organization or individual has its own situation that emphasis drug tests and their repercussions differently. Some organizations just simply cannot be bothered to spend time and money on drug tests while others have a hard time drawing the line between what are the ethical approaches to positive drug tests. Currently, random testing of current staff in an organization without an approved written drug policy is not legal and will not be upheld by courts in Canada. This was settled by the Supreme Court in June of 2013. However, pre-employment testing of job candidates should be allowed in the workplace and be upheld by courts at any time as it is the utilitarian practice for any organization and its stakeholders.

Some businesses may choose to drug test potential employees as part of the hiring process, but then discontinue this testing throughout their career. One of the positives of discontinuing the test is the cost. The employer will not have to continuously pay for the tests and labs that need to be done. However, there are also many consequences to discontinuing the testing. “The parent drug or metabolite of an illicit drug is typically present