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- Drug testing (4)
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Articles 1 - 6 of 6
Full-Text Articles in Law
A Bibliography On Drug Testing In The Workplace, Stephen Young, Elizabeth Armitage
A Bibliography On Drug Testing In The Workplace, Stephen Young, Elizabeth Armitage
Journal of Law and Health
The following bibliography on mandatory drug testing has been compiled to accompany the Symposium on Drug Testing in the Workplace presented by the Journal of Law and Health on November 21, 1986, at the Cleveland Marshall College of Law. It is hoped that this bibliography will benefit not only legal educators and law students, but also the practicing attorney, librarians, employers and employees in the private and public sector, and those whose research and interests require an understanding of the issues raised by this subject.
Drug Testing In The Workplace - Drug Screening In The Public Sector: Municipalities And Government Workers, John B. Lewis
Drug Testing In The Workplace - Drug Screening In The Public Sector: Municipalities And Government Workers, John B. Lewis
Journal of Law and Health
Certainly, there are appealing rationales for drug testing many government employees and few would dispute that police and fire personnel should be free of any substances which might undermine their job effectiveness. But while government employees may have lesser expectations of privacy than those in the private sector, the courts readily recognize that they have not abandoned all of their individual rights, and do not hesitate to enforce constitutional protections.
Legal Implications Of Drug Testing In The Private Sector, Thomas H. Barnard
Legal Implications Of Drug Testing In The Private Sector, Thomas H. Barnard
Journal of Law and Health
Drug testing, or perhaps more appropriately substance abuse testing, is a double-edged sword in the private sector. Not only can the employer be sued as the result of testing but he can be sued for not testing. Private employers find themselves in the classic "damned if you do, damned if you don't" situation. Large corporations are seen as deep pockets when matched against one of their employees and if the plaintiff's lawyer can find an issue and then get his or her case to the jury, corporate pockets can be very deep indeed. Hence, before examining the legal implications of …
Drug Testing: The Union Perspective, Susan L. Gragel
Drug Testing: The Union Perspective, Susan L. Gragel
Journal of Law and Health
The rapid increase in employer-mandated drug testing for workers raises significant questions concerning individual privacy and liberty. Yet, drug testing questions are not limited to individual claims by affected employees. The sweeping move to test workers through urinalysis also presents serious issues for labor unions in the public and private sectors. The developing concerns and issues for labor organizations are outlined in this presentation.
An Objective And Practical Test For Adjudicating Political Patronage Dismissals, Kathleen M. Dugan
An Objective And Practical Test For Adjudicating Political Patronage Dismissals, Kathleen M. Dugan
Cleveland State Law Review
Political patronage dismissal is not a new phenomenon, but judicial recognition of claims specifically alleging improper dismissal based on political affiliation has occurred only within the last twenty years. While the federal circuit courts have struggled to establish a standard by which to adjudicate patronage dismissal cases, their struggles have resulted in a plethora of inconsistent conclusions. Neither has the Supreme Court constructed a sufficiently concrete test to determine when an employee is exempt from patronage dismissal. The Elrod test is flawed in not limiting dismissals to political policymakers, and the Branti test is inadequate as it delegates the selection …
H.R. 4300, The Family And Medical Leave Act Of 1986: Congress' Response To The Changing American Family, Amy K. Berman
H.R. 4300, The Family And Medical Leave Act Of 1986: Congress' Response To The Changing American Family, Amy K. Berman
Cleveland State Law Review
On March 4, 1986, H.R. 4300, The Family & Medical Leave Act of 1986 was introduced in the United States House of Representatives. The purpose of the bill is "to entitle employees to parental leave in cases involving the birth, adoption, or serious health condition of a son or daughter and temporary medical leave in cases involving the inability [of an employee] to work because of a serious health condition." The bill requires an employer to provide up to 18 weeks job-protected family leave and up to 26 weeks job protected medical leave for all temporarily disabled employees. The scope …