Drug testing in the workplace: An overview of legal and philosophical issues

This article examines a range of legal and philosophical issues related to the drug-testing debate. The discussion of legal issues includes potential litigation on constitutional grounds (for public employees), statutory and tort grounds, or on the basis of civil rights legislation. Arbitration standards are also examined for situations involving unionized employees. The article further highlights pragmatic issues including the accuracy and costs (economic and noneconomic) of drug tests as well as the distinction between a positive drug test and impaired performance. Finally, the article addresses the delicate balance between an employer's right to unimpaired performance and an employee's right to privacy.