Drug Testing Should Be Legal Essay
If you are one of these employers, or are considering starting a drug testing program for new or existing employees, you need to be aware that California law takes the average citizen’s right to privacy seriously. An employer who drug tests employees without good reason or outside of California standards may find itself on the wrong end of a lawsuit.
Testing Prospective Employees
California does not have a specific set of laws which regulate employee drug testing in the state. Instead, the rules were created by state court judges and have developed over time. Because the California state constitution gives employees a right to privacy, these judges have balanced privacy rights with the legitimate safety concerns of employers.
Court in California have often upheld an employer’s decision to drug test potential employees as part of the application process. These tests should be legal as long as they are applied equally to all applicants for a certain position, regardless of qualifications like race, gender or age.
In order to drug screen applicants for a position, employers must notify the applicant of the testing requirement, and complete the testing in a way that is reasonable and minimally…