Equal Employment Opportunity and Employee Rights Review Paper

There is no doubt that those Americans in need of assistance have been subjected to unconstitutional treatment by the welfare program. As a result of the criminal actions of a few, all of the needy are being unfairly scrutinized. The implementation of unfounded drug testing in addition to the already criminalizing application process will only serve to further stigmatize the needy—and all in the name of the mighty dollar. Some believe that it is not the quest to save money that is the driving force behind the push for this legislation. Rather, it is a desire to make millions for the pharmaceutical companies that lawmakers are seeking to achieve.

Is it fair that in order to obtain a job, some people go through drug testing while drug and alcohol abusers receive free, no strings attached, financial assistance (see appendix A)? Food stamps and Medicaid are provided to low and no income Americans who would otherwise do without. According to heritage.org, a majority of the illegal drug use in American adults is tied to unemployed citizens. While there are many people who disagree with testing welfare recipients, the truth is that the pros greatly outweigh the cons. The long term improvements that drug testing will have on the country are substantial. The wellbeing and stability of America’s children, unemployment, fairness across the board for all Americans and the economy; all play

To test or not to test has been has been the question at hand for many states that are dealing with whether or not to pass the law that welfare recipients should or should not be drug tested in order to receive assistance from the government. Florida was the first state to mandate the law in 2011 and thereafter twenty four other states in the last year have also passed this law with our own state of Oklahoma being one of them. Although alcohol is legal it is abused far more than marijuana or hard core drugs, According to the 1996 study by the National Institute of Alcohol Abuse and Alcoholism the differences between the proportion of welfare and non-welfare recipients using illegal drugs are statistically insignificant. Although some states have decided to pass the law for welfare recipients in order receive government assistance, I believe it’s ineffective to drug test these welfare recipients in order to receive their benefits. Welfare in the United States commonly refers to the federal government welfare programs that have been put in place to assist the unemployed or underemployed. Help is extended to the poor through a variety of government welfare programs that include the Women, Infants, and Children Program which is referred to as WIC, Medicaid, and Temporary Assistance to Needy Families commonly known as TANF and Aid to Families with Dependent Children.

Author Ilan Wurman argues in this his publication, that drug testing to apply for welfare violates the fourth amendment of the constitution so changes must be made to the current system. A failed testing program in Florida required all applicants to complete a drug screening test before receiving benefits and the cost of the tests are paid for by the applicant, but reimbursed if the test results are negative. Wurman concludes by stating that suspicion less drug testing of government assistance recipients in

A second opposing viewpoint is that drug testing is racist and stereotypes recipients as drug abusers . While some may view drug screening of government assistance applicants as stereotyping, it is important to realize that the individuals proposing drug screening are not forcing anyone to undergo screening. Applying for government assistance is a

“A closed mouth doesn’t get fed” is a saying that many people have heard throughout life. This saying was brought about to encourage people to ask for help if needed. But what happens when the open mouth asked to be fed, and instead of receiving help they are forced to be demeaned by going through a rigorous process that assumes that all applicants fall in to the category of drug addicts? Guilty until proven innocent is the message conveyed to persons requesting these services. Millions of dollars are spent each year on federally funded programs that are considered “welfare”. The types of services these programs offer include TANF (Temporary Assistance for Needy Families), SNAP

When dealing with this we come to many road blocks. We should know and understand the difference in a drug use problem and a psychiatric disorder. Also understanding the difference in substance abuse and substance dependence. Confusing the two could be an issue. When you decide to drug test the welfare there is much more that needs to go into it than just the test to determine if you should receive benefits from the state or not. Think about the rights we have as Americans have. Drug testing the welfare can bring legal problems, such as due process. There have been states who have tried this in the past but of

The process of drug testing individuals who are applying or receiving welfare benefits has recently become the focus of a widely spread controversy. Florida, the first state to pass the law, now requires all individuals applying for public assistance to undergo drug testing. The state of Kentucky, among others, have considered following this trend. State lawmakers hope to prevent the squandering of taxpayer dollars on drugs by proposing similar guidelines. Alabama’s states representative Kerry Rich clearly affirmed his state’s position on the matter, “I don’t think the taxpayers should have to help fund somebody’s drug habit” (qtd. in Time).

To test or not to test has been has been the question at hand for many states that are dealing with whether or not to pass the law that welfare recipients should or should not be drug tested in order to receive assistance from the government. Florida was the first state to mandate the law in 2011 and thereafter twenty four other states in the last year have also passed this law with our own state of Oklahoma being one of them. Although alcohol is legal it is abused far more than marijuana or hard core drugs, According to the 1996 study by the National Institute of Alcohol Abuse and Alcoholism the differences between the proportion of welfare and non-welfare recipients using illegal drugs are statistically insignificant. Although some states have decided to pass the law for welfare recipients in order receive government assistance, I believe it’s ineffective to drug test these welfare recipients in order to receive their benefits. Welfare in the United States commonly refers to the federal government welfare programs that have been put in place to assist the unemployed or underemployed. Help is extended to the poor through a variety of government welfare programs that include the Women, Infants, and Children Program which is referred to as WIC, Medicaid, and Temporary Assistance to Needy Families commonly known as TANF and Aid to Families with Dependent Children.

This quote is taken from Candice Player; in it, she states that 22% of welfare recipients who got assistance reported the use of illicit drugs in one year, compared to thirteen percent of people who did not get aid. “Jayakody and colleagues found that 21% of welfare recipients who received cash assistance reported use of an illegal drug during the past year, compared to 13% of non-recipients” (Player). The statistical information provided by Player showcases how many recipients cheat the welfare system; if drug testing were allowed in all states, that percent would lower all the way to zero. In this next quote, Player shows an example of another year that welfare recipients used illegal drugs while still receiving benefits, as much as ten percent that year. “Excluding marijuana, about 10% of welfare recipients reported use of some other illegal drug during the past year, compared to 7% of non-recipients” (Player). The information is of all the people taking the illegal drugs, excluding marijuana; it demonstrates that if the people can get away with it, they will continue to do so until they are forcefully stopped, in this case by drug screenings. Player goes on to say that in the

United States lawmakers face one of the most pressing issues of our time-welfare reform. New screening processes, often considered a direct violation of constitutional rights, have already been enacted in many states. Strong evidence exists, asserting that the practice of administering drug testing to welfare recipients will cost the U.S. taxpayers more money in the long run, stigmatize applicants and participants, and serve only the purpose of making the pharmaceutical companies more powerful. In order to protect the constitutional rights of potential welfare recipients, United States lawmakers should avoid further criminalizing the poor by submitting them to drug testing and/or a nationwide welfare registry.

This small bit of information should be enough for the government to stop the because it breaks one of the key laws this nation was built on, yet they still have it is action. Supporters of Welfare drug testing might say that it is completely unfair and unjust that often before people can start working they have to submit a drug test, but people on welfare don’t have to to receive government handouts, but it a completely different situation because all of the businesses that require employees to take a drug test are privately owned. Drug test are needed to insure that employees can be relied on to do their job such as police and army. Welfare is different because it is managed by the government which is not allowed to do drug tests because of the fourth amendment. Finally, welfare recipients should have the right to not tell the government everything about them when they apply for government handouts. As Judge Stanley Marcus, said that "Citizens do not abandon all hope of privacy by applying for government assistance.” (Amy Sherman) Everybody deserves the right to privacy, even people applying for welfare as the quote says they have the right to have some privacy and to not be forced to take drug tests and to get bombarded by random checking by the government.

This paper will explore the pros and cons on the issue of drug testing welfare recipients and applicants. The journals and articles used to determine whether drug testing is necessary or a hindrance to public assistance applicants, recipients and the government vary in their argument on the effects of those who receive assistance. The study, completed by Anderson, Shannon, Schyb and Goldstein (2002) determined that, due to the change in Welfare reform in 1996, the disruption of benefits increased the risk homelessness and usage of drugs and alcohol. Montoya, Bell, Atkinson, Nagy and Whitsett (2002) studied the differences in 442 female welfare recipients’ psychological and employment well-being based on chronic use or non-drug usage. Morgenstern and Blanchard (2006) argue that the changes in welfare reform may significantly reduce the amount of drug using recipients and applicants on welfare and increase in substance abuse programs. This paper will examine statistical data, recommendations by the U.S. Commission of Civil Rights and the studies of Anderson et al. (2002), Montoya et al.(2002), and Morgenstern et al.(2006) to bring to light the varying conclusions made over the last 13 years, 2002-2015, as to the effectiveness and ineffectiveness that drug testing may have on welfare recipients and applicants.

The Aid of welfare is important to society for those considered financially unstable. According to the United Stated Department of Human Services, there are over 12 million citizen receiving welfare. The states of Alabama, Mississippi,Arkansas, Arizona, Florida, Georgia, Kansas, Michigan, Missouri, North Carolina, Oklahoma, Tennessee, Utah, West Virginia and Wisconsin require drug testing in order to receive welfare. Drug testing is not an effective way to detect drug use because many have found ways to get pass the testing. As we know welfare is supposedly to meet the human’s needs but not for the purchase and use of drugs. Some says that drug test to receive assistance is unconstitutional and unfair, others believe it would be safe if child with parent who uses drugs. By randomly drug testing, those who receive assistance would help deter drug use, decrease unemployment rate, and potential savings for taxpayers.

While this may seem to some like it is an unrightfully needed search, the money being given to those is a privilege not a right. The drug tests would be done before the money is given to those receiving benefits. Those unwilling to comply with the mandates can face the consequence of not receiving welfare. The privilege of receiving government aid is one that should be able to be controlled by the government. If those receiving the benefits would like to argue about their rights being infringed upon, they can refuse the aid being offered to them as it is not a right