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Cleveland State University

Labor and Employment Law

Drug testing

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A Bibliography On Drug Testing In The Workplace, Stephen Young, Elizabeth Armitage Jan 1987

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 Jan 1987

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 Jan 1987

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 Jan 1987

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.