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Employers Must Prove Need Before Testing Workers for Drugs, Federal Court Rules
March 17, 2008

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News Summary

The desire to maintain a "drug-free workplace" is not sufficient justification for requiring all employees to be tested for illicit drugs, the Ninth U.S. Court of Appeals in San Francisco has ruled.

The San Francisco Chronicle reported March 14 that the court ruled 3-0 in favor of a woman who applied for a job as a librarian with the city of Woodburn, Ore., but had her job offer withdrawn when she refused to be tested for alcohol and other drugs. A federal judge ruled the city's decision unconstitutional; the appeals court said that the city does have the right to drug-test some types of applicants, but that there was no basis for such testing of librarians.

The appeals court noted that federal courts have allowed testing for safety-sensitive positions, but said the U.S. Supreme Court ruled against sweeping drug-testing policies in 1977, saying that symbolic justifications for testing were not enough to overcome the U.S. Constitution's requirement that searches be based on evidence of wrongdoing.

COMMENTS ON THIS ARTICLE:

Posted by Brent Evans on 03 Apr 08 05:01 PM EDT
Drug & Alcohol testing is not a product of the "Government" or "Big Brother", they are simply involved in order to maintain a reasonable amount of consistancy and organization for something that was brought to you and I by the people. Those who believe that it is their right to use drugs and alcohol while on the job, or to the point that it is affecting their jobs, are the ones causing the rest of us to suffer. What about the rights of the employers who are simply trying to prosper, expand their operations and hopefully hire additional employees and chase the american dream? That becomes impossible for many because their bottom line is affected in the form of decreased productivity and increased on-the-job-accidents, absenteeism, turnover, medical costs.......it goes on and on. Personally, I feel that it is not only their right, but their obligation, to provide a safe, healthy, and productive work envirnoment. I think the employer should have the right to determine what is best for his or her company. As far as State and Federal entities, we the taxpayer should expect only the best for our tax dollars.

Posted by EMT on 29 Mar 08 04:43 AM EDT
In any job the safety of self and others is the main concern.A person with a problem with substances is often in denial and will do things he would not do while sober. They are out of control and we all sufer, as a society. To look the other way is also denial. Testing in school good idea also.. We are in a pandemic we need to stop sleeping and wake up to the cold hard facts.

Posted by Eddie deRoulet on 24 Mar 08 12:43 PM EDT
i don't have a problem with drug testing in the workplace....i don't use and could care less about it. I don't know where Mr Cooper is coming from when he says that people in recovery from substances or mental health issues are not welcome in the workplace...i know a lot of people who are in recovery and working without a problem because they are staying clean and sober or are adhering to their medication.

Posted by James Cooper on 24 Mar 08 08:30 AM EDT
I feel that drug testing has gone way too far, and if we are going to allow it to affect our jobs, then all personel should also be tested for mental health issue drugs. The reason for this is that some mental patients have violent tendicies, and some who hear voices and other bad paterns of behavior, should not be allowed to work either. DO YOU THINK THIS IS FAIR. If you do then most of our officials, politicians, teachers, and other hard working individuals should be banned from working. This would be a sad day for the United States of America, that we allow hipocrits, by that I mean most employers that favor this have some kind of problem themselves, to say that people in recovery, whether it be addictions or mental health, doesn't have a place in our society. WE ARE INDIVIDUALS WITH FAMILIES, HARD WORKING, TAX PAYING, AND HAVE RIGHTS AND PRIVILEDGES JUST LIKE ANYONE ELSE. SO LETS STAND UP AND BE HEARD.

Posted by James on 21 Mar 08 01:34 PM EDT
I get tested at least once a year in my job. I have had blood drawn, gave urine and had my hair cut for the follicle test. I was given a random test.It showed my prescriptions I take and I was still fired. The reason for the test my employer said I was sweaty, thirsty and thick tongued. Drug testing has gone way too far!!!!!!!!!!

Posted by Jocelyn Andrade on 19 Mar 08 09:35 AM EDT
I think it is interesting that when we talk about adults being drug tested in the work place most adults are against it, yet adults are always talking about drug testing our students in school. I say if you think students should be tested then adults should lead by example. The most important thing to remember is in order to help with addiction and prevention of drug use we must take the stigma out of the act of using. We must make it OK for adults and youth to ask for help without fear of stigma and shame.

Posted by Kathy on 19 Mar 08 09:28 AM EDT
As someone who is required to be drug tested due to the position I hold, I think there is too much "Big Brother" allowed in our lives. When we turn over our rights to the government too often. We are seeing some of the effects of allowing the government broad, sweeping voyeurism into our private affairs. If we keep giving away our rights, we will have the same kind of governing body that our troops are fighting against at this very moment.

Posted by Anonymous on 18 Mar 08 07:12 PM EDT
The text for the 4th ammendment to the U.S. constitution states - "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." Where is the exception to this? We keep turning over our rights as citizens in the hope of what? Do we want the goverment to protect us from ourselves?

Posted by Sam Albert on 18 Mar 08 04:18 PM EDT
You have GOT to be kidding!!

Posted by Donald B. Parsons on 18 Mar 08 03:16 PM EDT
AMEN. Just another Gestapo style tactic.

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