Drug Testing In The Workplace: An Update

Abstract

Drug testing is one of the most rapidly changing areas of employment law today.  Although private employers are not bound by the same constitutional restrictions as public employers, they may still be sued on such grounds as invasion of privacy, defamation, and intentional infliction of emotional distress.  Moreover, private employers holding federal contracts now must comply with both the Drug-Free Workplace Act of 1988 and the Drug-Free Work Force Act of 1988.  This paper discusses some of the leading case and statutory law in the drug-testing area.