The Influence Of Drug Testing In The United States

Employee Rights The federal law does not have regulations for drug testing generally, except for sectors that are significantly controlled by the federal government like the military, nuclear energy and transport segments ("Drug Testing Laws and Regulations by State," 2004). The legitimacy of drug testing is influenced by state and local laws. In this sense, therefore, drug testing laws are constituted at the state and local levels by the respective governments ("Drug Testing Laws and Regulations by State," 2004). In most cases also, the application laws for drug testing depend on whether the employer seeks to have either an employee or applicant tested. Most states have regulations that address drug tests directly. Generally, companies …show more content…
Since every state has its drug test laws, New York is no exception. It is worth highlighting that various employers in this state demand applicants and employees to have a drug test. In this sense, therefore, the request for a drug test is legal in New York according to the Federal and state drug-free workplace program ("New York State Laws," 2016). Mandatory drug testing in New York may be conducted on the basis of reasonable suspicion. The employer in the case scenario demanded the employee take a drug test on reasonable suspicion because of the drugs found in the employee's company locker. The employer, therefore, must have required the employee to take the test to ascertain whether he was using the drugs and if not so, whether he was involved in the sale of drugs given that the drugs were in his possession. The state laws that allow drug testing also permit employers to fire or suspend employees that do not give in to the drug test ("New York State Laws," 2016). In this case scenario, therefore, the employer was justified to lay off the employee after a refusal to take the drug test. This is primarily because it shows some form of guilt on the part of the employee. It is possible to conclude that the employee must have been guilty of drug use because he was afraid that the results could deny him custody of his children. Even if the employee argued that he was afraid of a false positive, this is not a valid assertion. The New York drug testing law permits for a retest with a different procedure and from a laboratory of their choice ("New York State Laws", 2016). Finally, it is possible to assert that the employee may find it hard to file a case against his employer given the drug testing laws in New