Re: Drug testing

[Jim McMaster <mcmaster@sweng.stortek.com>]

In message <19980821160553.1005.qmail@hotmail.com>, "Jim Meninno" said:
> What, exactly is the story here.  Can any employer demand drug testing, 
> or does it require the consent of the employees.  I'm sure I've heard 
> recently that DNA samples (blood) could not be taken from prisoners in 
> Massachusetts without their consent.  And, what about Mo Vaughn.  He 
> refused drug testing, didn't he?
> 
Not only can any employer demand testing as a condition of employment, but 
the Federal Government used to (and still may, for all I know) require drug 
testing for employees of government contractors.  If you choose not to take 
the test, the employer is free not to employ you.

The exception would be workers under a Collective Bargaining Agreement, which 
spells out what the employer, and workers, can and cannot do.

> I don't use illegal drugs, but I'd be pretty upset if my employer 
> started testing.  Do the phrases "just cause" and "illegal search and 
> seizure" mean anything.  If the players don't agree to a testing 
> program, there's no way it's legal.  Can a policeman stop you on the 
> street and say, "you might be on drugs, can I have a blood sample 
> please"?  
> 
That is the key difference.  The Constitution only enjoins Government, not 
private organizations.  The policeman, as an agent of the government, cannot 
stop and demand a sample, except as provided by law.  Your employer could.  
If you were not working under a CBA, your recourse would be to take him to 
court for terminating you improperly.
-- 
Jim McMaster
mailto:mcmaster@sweng.stortek.com
Go Celtics!