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Drug Testing in the Workplace
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Drug testing in the workplace has become increasingly common
in America. Drug abuse is considered a serious social problem and
drug usage at work has a direct impact on the cost of doing
business. In response to the problem, many employers have begun
testing their employees. Drug testing of employees raises
important legal, medical, social, political and personnel issues
on how or whether the testing procedure should be conducted. This
guide is divided into two parts: first, periodical articles;
second, treatises. Consult the Digest, Westlaw or other legal
databases for current case law. This is merely a research aid; it
is not exhaustive. The period covered is from 1986 to 1994.
Abbey, Agustus. and Redel, Charles. "Drug Testing in the
Workplace: public and private sector employers and the
courts." 42 Labor and Law Journal. April l99l.
239-246. This article discusses the legal distinctions of drug
testing between public and private employers and concludes that
private employees do not have the same constitutional protection
as public employees.
Abrams, Roger I. "Wishful thinking and public
policy." (Testing for Drug Use in the American Workplace: A
Symposium). ll Nova Law Review. Winter l987. 291-294. This
Symposium addresses in detail the issue of drug testing in the
workplace from a variety of perspectives. It demonstrates that
reaching a policy on drug testing involves balancing conflicting
rights.
Adams, William F. and Remmers, Cynthia L. "Drugs and
alcohol in the workplace: technology, law and policy.
(California)." 2 Santa Clara Computer and High-Technology
Law Journal. April l985. 305-388. This article is intended to
assist the employee relations community in developing and
implementing reasonable drug and alcohol policies with the least
possible legal risk.
Anastaplo, George. "Governmental drug-testing and the
sense of community." (Testing for Drug Use in the American
Workplace: A Symposium). ll Nova Law Review. Winter l987.
295-305. This article addresses the societal problem of drug use
in America. It also addresses the practical issues raised by the
measures resorted to by the U.S. Government to deal with the
problem of drug abuse.
Bell, Shawn K. "Drug testing in the nonunionized
workplace: search and seizure, procedural due process, and
Maine's drug testing statue." 43 Maine Law Review.
April l991. 129-168. This article discusses the adoption of a
Maine statute that is an attempt to extend the constitutional
protections enjoyed by public employees to private employees.
Bennett, R. Clay. "Drug testing in the workplace." 12 Legal Management. Sept-Oct l993. 28(6). (Not Available in Law Library)
Bible, Jon D. "When employers look for things other than
drugs: the legality of AIDS, genetic, intelligence, and honesty
testing in the workplace." 41 Labor Law Journal.
April l990. 195-213. This article discusses how testing by
employers extends beyond just drug testing. It then explores some
of the legal issues raised by these varieties of employee
screening.
Bills, Robert D. "Mandatory employee drug testing: the
war on drugs invades the workplace." 14 Western State
University Law Review. Spring l987. 617-634. The author
argues that drug testing will not solve the problem of drug
abuse. He believes it will undermine the fabric of the American
workplace and will not survive the test of constitutionality.
Bookspan, Phyllis T. "Behind open doors: constitutional
implications of government employee drug testing." (Testing
for Drug Use in the American Workplace: A Symposium). ll Nova
Law Review. Winter l987. 307-370. This article begins with a
historical analysis of privacy rights, which form the backdrop of
present constitutional interpretation. It also examines drug
testing with reference to the Fourth, Fifth, and Fourteenth
Amendments.
Boudreaux, Paul J. "The D.C. Circuit, the war on drugs,
and Harmon v. Thornburgh: a case study in misunderstanding
Skinner and Von Raab." (Drug Testing in the
Workplace: Status and Prospects.) 12 George Mason Law Review. Summer l990. 701-709. This article discusses Harmon v.Thornburgh and concludes that the D.C. Circuit's decision has to make civil libertarians pessimistic about the future of claims against drug testing.
Bradley, Gregory. "Drug testing in the workplace: a
public sector concern." 32 Howard Law Journal. Spring
l989. 49-59. Part I of this article discusses the legal issues of
drug testing in the public sector. Part II discusses the
technical requirements for drug testing of federal employees.
Part IV is an overview of employee challenges to drug testing
policies in the public sector.
Bradley, Gregory. "The effects and legal ramifications of
drug testing in the workplace: the controversy continues." 13 Thurgood Marshall Law Review. Fall-Spring. l988. 161-176. (Not Available in Law Library)
Broadwell, D. Kim. "The evolution of workplace drug
screening: a medical review officer's perspective."
(Symposium: Prescription Drug Misuse and Abuse) 22 Journal of
Law, Medicine, ad Ethics. Fall l994. 240-246. (Not Available
in Law Library)
Carolyn. "Drug Testing in the Workplace: a reasoned
approach for private employers. (Drug Testing in the Workplace:
Status and Prospects.) 12 George Mason University Law Review. Summer l990. 491-545. The author believes that employers who carefully select tools to combat workplace drug abuse and use those tools with concern for their employees' rights may find that a drug testing program can boost productivity and morale.
Cecere, Michael S. and Rosen, Phillip B. "Legal
implications of substance abuse testing in the workplace."
(Symposium: Health in the Workplace). 62 Notre Dame Law Review. Winter l987. 859-878. This article addresses the legal implications of workplace substance abuse testing in both public and private employment sectors. Part I examines employees'
privacy rights. Part II looks into handicap and discrimination
laws. Part III focuses on collective bargaining agreements. Part
IV suggests criteria for testing programs.
Chen, Edward; Kim, Pauline; and True, John. "Common law
privacy: a limit on an employer's power to test for drugs."
(Drug Testing in the Workplace: Status and Prospects.) 12
George Mason University Law Review. Summer l990. 651-700. The author argues that unorganized private sector employees are
vulnerable victims in the "war on drugs." He believes
that the common law right to privacy can provide protection for
excesses of that effort.
Christian, Betty Jo and Barber, Janice. "Employee drug
testing in the transportation industry: private initiatives and
government imperatives." (Drug Testing in the Workplace:
Status and Prospects.) 12 George Mason University Law Review. Summer l990. 56l-586. This article discusses the regulations promulgated by six agencies within the Department of
Transportation to eliminate drug abuse.
Cooper, Charles J. "The Constitutionality of drug
testing." (Testing in the Workplace: l988 FBA Fourth Circuit
Conference Special Issue). 35 Federal Bar and News Journal. Oct. l988. 359-363. The author presents the major inquiries that should be made in drug testing cases, and concludes by examining how one appellate court answered those questions in a case involving the U.S. Customs Service.
Cooper, Sally Anne. "The Constitutional issues of drug
testing in the workplace." 23 Williamette Law Review.
Spring l987. 553-573. The author argues that the
constitutionality of any drug testing scheme depends on several
factors and involves a careful analysis of what type of
constitutional deprivation one wishes to assert.
Cornish, Craig M. and Donald B. Louria. "Employment drug
testing, preventive searches, and the future of privacy. (Drug
Testing in the Workplace)." 33 William and Mary Law
Review. Fall l991. 95-125. This article focuses upon some of
the long term effects that instituting mass drug testing might
have on society.
D'Aquila, Barbara Jean. "Drug and alcohol testing in the
workplace: the legislative response." (Minnesota). 14
William Mitchell Law Review. Spring l988. 255-279. This
article focuses upon critical provisions of Minnesota's new Drug
and Alcohol Testing in the Workplace Act. It highlights
inconsistencies between this law and the Minnesota Human Rights
Act.
Denenberg, Tia Schneider and Denenberg, Richard V. "Drug
testing from the arbitrator's perspective. (Testing for Drug Use
in the American Workplace: A Symposium). ll Nova Law Review. Winter l987. 371-413. This is a discussion on the role of arbitration in resolving disputes over drug testing in workplaces governed by collective bargaining agreements.
Dillard, C. Denise. "Drug testing in the unionized
workplace: are there any standards?" 27 Houston Law
Review. May l990. 515-556. This Comment provides a general
overview of the arbitration process relative to drug testing in
the workplace in these categories: l. Management's right to
implement testing programs; 2. Testing; 3. Discharge.
"Drug Testing in the Workplace." (book reviews) by
DeCresce, Robert T.; Lifshitz, Mark; Mazura, Arianne C.; and Tilson, Joseph E. rev. by Wayne, J. Victor. 29 Santa Clara Law Review. Fall l989. 1025-1029. This article reviews a book which provides the reader with a detailed understanding of drug testing programs and discusses the legal claims arising from such programs.
"Drug Testing in the Workplace." (book reviews) by
DeCresce, Robert T.; Lifshitz, Mark; Mazura, Arianne C.; Tilson, Joseph E. 31 Santa Clara Law Review. Midwinter l990. 308-309. This is a review of a book which provides a comprehensive overview of the legal, scientific, and practical considerations involved in an employer's decision to institute a drug testing program.
"Drug testing in the workplace." (New York Case
Note) 43 The Record of the Association of the Bar of the City
of New York. May l988. 401-422. This is a discussion of a New
York City Bar Association committee on the use of random drug
testing for public and private sector employees in New York and
an analysis of two bills regulating the use of drug testing.
"Drug testing in the workplace." (New York Case
Note) 43 The Record of the Association of the Bar of the City
of New York. May l988. 447-488. Part I of this Note examines
the common features of employer testing programs. Part II
examines the medical and legal issues raised. Part III examines
legislative efforts to regulate drug testing programs. Part IV
sets forth the conclusion of the Committee on Labor and
Employment Law of the New York City Bar Association.
Dubowski, Kurt M. "Drug-use testing: scientific
perspectives." (Testing for Drug Use in the American
Workplace: A Symposium). ll Nova Law Review. Winter l987.
415-552. This is a scientific exposition on the use of drug
testing for non-medical purposes. The author claims this growing
field is largely unregulated and sets forth guidelines for
uniform and universal regulations.
Edwards, Don. "Mandatory drug testing in the
workplace:testing violates privacy." 72 ABA Journal.
Aug. l986. 34(l) This is a debate between Don Edwards, who
believes that blanket drug testing in the workplace violates
individual rights, and Robert Angarola, who believes that the
common notion of a right to privacy must give way to the public
need for safety.
Eisner, Neil. "Drug testing: regulatory and legal issues
confronted by the Department of Transportation." (Testing in
the Workplace: l988 FBA Fourth Circuit Conference Special Issue). 35 Federal Bar and News Journal. Oct. l988. 364-368. This article discusses the basic concepts behind the Department of Transportation's initiatives and the Department's internal program. Then the article discusses some of the legal and practical issues involved in implementing these programs.
Elliot, Rex H. "Jar Wars" in the workplace: the constitutionality of urinalysis programs designed to eliminate
substance abuse among federal employees." 38 Syracuse Law
Review. Fall l987. 937-964. While the author does not condemn
urinalysis testing programs, he argues that any federal drug
testing program must protect individual constitutional freedoms.
Estreicher, Samuel and Feder, Harry. "When private
workplace drug testing is illegal." 133 New Jersey Law
Journal. Feb. l5, l993. 11 (col.1).
Farmer, Lois M. "Employee privacy rights v. business
needs - drug testing in the workplace." 22 New England
Law Review. Dec. l987. 413-451. This Note discusses the
status of drug screening policies in the private sector
workplace, emphasizing non-unionized employees. It addresses the
question of employee privacy as well as the threat of job
termination for failure to comply with drug testing.
Gottfredson, Michael R. and Carolyn Uihlein. "Drug
Testing in the workplace: a view from the data. (Drug testing in
the workplace)." 33 William and Mary Law Review. Fall
1991. 127-145. The author believes that in the absence of high
quality experimental evaluations of drug testing programs in the
workplace, very little can be reliably concluded about the
effectiveness and efficiency of many programs now in existence.
Heshizer, Brian P. and Muczyk, Jan P. "Drug testing in
the workplace: balancing individual, organizational, and societal
rights." Labor Law Journal . June l988. 342-357. This
review shows that no law prohibits drug testing in the workplace.
Rather, there are certain limits placed on the use of drug
screening. The degree of legal involvement depends on whether the
employer is in the public or private sector.
Hickman, Timothy J., "Minnesota Courts fail the first
test under the Minnesota Drugs and Alcohol Testing in the
Workplace Act." 12 Hamline Journal of Public Law and
Policy. Fall l99l. 319-328. The author argues that Kise v.
Product Engineering was wrongly decided to the detriment of
private employees.
Holtzman, Jonathan V. "Applicant testing for drug use: a
policy and legal inquiry. (Drug Testing in the Workplace)." 33 William and Mary Law Review. Fall 1991. 47-93. The author tells why he believes that the Institute of the Bill of Rights Law Task Force rejects the notion that an employer may act as a "policeman" with respect to his work force in drug
testing.
Hudner, Karen. "Urine testing for drugs." (Testing
for Drug Use in the American Workplace: A Symposium). ll Nova
Law Review. Winter l987. 553-561. This article is a general
overview of the history of drug urinalysis and of the danger it
poses to individual liberty.
Hudson, Robert D. "Drug testing in the workplace - an
evolving Kentucky employment issue." 56 Kentucky Bench
and Bar. Fall 1992. 14(5). To preserve the positive aspects
of drug testing in the workplace, this article describes how to
design a program to protect both employers and employees.
Hurley, Thomas J. and Hunt, Roger. "Drug and alcohol
testing in the workplace." 17 Colorado Lawyer. March
l988. 457(3). The author warns that before implementing a drug
testing program, employers should obtain legal counsel to prevent
possible liabilities created by statutory, constitutional, and
common law claims.
Hyde, Kevin E. "Florida's approach to reducing workplace
substance abuse: workers compensation." 66 Florida Bar
Journal. March 1992. 46-50. This article discusses Florida's
new law which denies worker's compensation to employees who test
positive for drug use at the time of accident or injury.
Imwinkelried, Edward J. "Some preliminary thoughts on the
wisdom of governmental prohibition for regulation of employee
urinalysis testing." (Testing for Drug Use in the American
Workplace: A Symposium). ll Nova Law Review. Winter l987.
563-604. Part I of this article examines the controversy over
private employee urinalysis. Part II of this article evaluates
proposals for governmental restrictions.
Janssen, Judith M. "Substance abuse testing and the
workplace: a private employer's perspective." (Drug Testing
in the Workplace: Status and Prospects.) 12 George Mason
University Law Review. Summer l990. 611-649. This article
provides guidelines for instituting substance abuse testing in
the workplace from the private employer's perspective.
Joseph, Paul R. "Fourth Amendment implications of public
sector workplace testing." (Testing for Drug Use in the
American Workplace: A Symposium). ll Nova Law Review.
Winter l987. 605-645. The author claims he will demonstrate that
workplace drug testing is very intrusive upon the legitimate
privacy expectations of workers. He concludes it is unjustified
absent some level of reasonable suspicion.
Kaplan, Elliot S.; Langevin, Judith Bevis; and Ross, Richard
A. "Drug and alcohol testing in the workplace: the
employers' perspective." (Minnesota). 14 William Mitchell
Law Review. Spring l988. 365-392. The author argues that
Minnesota's drug testing statute represents a beneficial
compromise between employee privacy and employer rights.
Kellner, Robert C. and Bradford W. Warbasse. "Testing for
drugs and alcohol in the workplace." 27 The Maryland Bar
Journal. Nov-Dec. l994. 20 (5). (Not Available in Law
Library)
Kelly, Matthew and Kelly, Randall. "Drug and alcohol
testing in the workplace: a public sector overview since Skinner and Von Raab." 10 Government Union Review. Fall l989. 34-54. This is a discussion of the Skinner and Von Raab decisions of the U.S. Supreme Court, which resolved some of the basic issues involving drug and alcohol testing of Federal employees and non-government employees in heavily regulated industries.
Kelty, Thomas W. "Drugs and the public workplace." 14 Current Municipal Problems. Summer 1987. 85-89. (Not
Available in Law Library)
Kelly, Robert Dale, Sr. "Constitutional mandates for drug
testing in the American workplace." 13 Oklahoma City
University Law Review. Spring l988. l09-l34. The author
argues that those who undergo drug urinalysis should be accorded
substantive and procedural due process. He concludes that
employers should rely more on employee assistance programs, and
less on lab tests. Those who insist on lab tests, he believes,
should consider blood analysis.
Kemper, James D. "Drug testing in the military: issues of
admissibility and sufficiency." (Testing in the Workplace:
l988 FBA Fourth Circuit Conference Special Issue) 35 Federal
Bar and News Journal. Oct. l988. 374-376. This article
provides a brief overview of the admissibility and sufficiency of
drug test results in military trials by court martial to prove
wrongful use of a prohibited substance.
Latessa, Edward J., Travis, Lawrence F., and Cullen, Francis
T., "Public support for mandatory drug-alcohol testing in
the workplace." 34 Crime and Delinquency. Oct. l988.
379-392. This study attempts to assess the extent to which
citizens endorse the campaign to expand the scope of employee
testing for substance abuse.
Lawlor, John F. "Drug testing of government employees and
the Fourth Amendment: the need for a reasonable suspicion
standard." (Symposium: Health in the Workplace) 62 Notre
Dame Law Review. Winter l987. 1063-1082. The author
believes that while mandatory testing of government employees can
aid the government employer in maintaining public safety, such
tests compromise employee privacy. He concludes that random drug
testing cannot be justified under constitutional law.
Lewis, Jeffery R. "Drug testing in the workplace: legal
and policy implications for employers and employees."
(Detroit College of Law Review's l987 Labor Law Symposium on the
State of the Unions: Perspectives on Organized Labor). l987
Detroit College of Law Review. Fall l987. 699-730. This
article examines the legal and policy issues involved when a
private employer institutes a drug testing program. Existing
public case law will be used to establish such a program.
Liem, Stephen A. "The Fourth Amendment and drug testing
in the workplace: current U.S. court decisions. (right to
privacy)." 43 Labor Law Journal . January 1992.
50-57. This article discusses cases which hold that suspicionless
drug testing does not necessarily render the Fourth Amendment
infirm. It also discusses cases which hold that off-duty drug use
is not a sufficient reason to administer drug testing.
Lindsey, Charles. "Drug testing in the workplace: a
legislative proposal to protect privacy." 13 Journal of
Legislation. Spring l985. 269-291. This Note contends that
all employees and prospective employees should be protected from
the type of intrusion which results from drug testing. It also
proposes model provisions to guide legislators in their efforts
to protect employees in the private workplace.
Lubic, Bret. "Drug testing in the workplace: sacrificing
fundamental rights in the war on drugs?" 91 West Virginia
Law Review. Summer l989. l067-l096. This is a discussion of
the competing interests at stake in the quest for a drug-free
workplace.
McBay, Arthur J. "Efficient drug testing: addressing the
basic issues." (Testing for Drug Use in the American
Workplace). ll Nova Law Review. Winter l987. 647-652. This
article is a series of questions and answers which highlight some
of the problems with urine testing programs.
Mechem, Everett H. "Drug testing in the workplace." 23 Tennessee Bar Journal. May-June l987. 7(4). The author gives guidelines for implementing a drug testing program, and concludes that while it is not a panacea for workplace problems, it can benefit employers and employees.
Michaels, Lawrence M. and Davis, Barbara L. "Drug testing
in the workplace." 12 Los Angeles Lawyer. Sept. l989.
30(7). This is an analysis of two U.S. Supreme Court decisions, Skinner and Von Raab, and their implications for California employers.
Moore, Tim. "Constitutional law: the Fourth Amendment and
drug testing in the workplace." 10 Harvard Journal of Law
and Public Policy. Summer l987. 762-768. The author argues
that the vast majority of drug testing programs end with simply
firing or not hiring the abuser. He believes more effort should
be directed toward rehabilitation.
Moriarty, Leo. "Mandatory employee drug testing: the war
on drugs invades the workplace." l4 Western State
University Law Review. Spring l987. 603-615. The author
claims that a conflict exists between the employer's desire to
maintain a safe workplace and the employee's expectation of
privacy and freedom from unwarranted search and seizure.
Morikawa, Dennis J., Hurtgen, Peter J., Connor, Terence G.,
and Costello, Joseph J. "Implementation of drug and alcohol
testing in the unionized workplace." (Testing for Drug Use
in the American Workplace). ll Nova Law Review. Winter
l987. 653-668. The purpose of this article is to educate the
unionized private employer who is considering implementing a drug
and alcohol testing program in the workplace.
Morrow, Tod. "Drug testing in the workplace: issues for
the arbitrator." 4 Ohio State Journal on Dispute
Resolution. Spring l989. 273-294. This Note examines issues
arbitrators will face in resolving private sector disputes in the
unionized workplace.
Neal, Marianne. "Drug testing in the workplace: the need
for quality assurance legislation." 48 Ohio State Law
Journal. Summer l987. 877-895. The first part of this article
discusses drug testing methodology and the reliability of tests.
The second part examines legal remedies for private employees.
The third part recommends legislation to protect workers from
unreliable tests.
Neigus, David L. and Mooney, John R. "The Problem of drug
testing in the private workplace." 37 The Practical
Lawyer. April 1991. 57-58. The author argues that when
employers have not followed proper procedures in drug testing,
the discipline of employees based on that testing is being
successfully challenged by their union or by private tort actions
by unorganized employees.
Neucomb, Mark E. "The drug-free federal workplace: a
question of reasonableness." 29 William and Mary Law
Review. Fall l987. 2l5-248. This Note examines the Supreme
Court's Fourth Amendment jurisprudence and analyzes drug
surveillance litigation. It also examines Executive Order 12564,
and concludes that executive agency programs which adhere to that
Executive Order should pass constitutional muster.
O'Donnell, Michael R. Employee drug testing - balancing the
interests in the workplace: a reasonable standard." 74
Virginia Law Review. Aug. l988. 969-l009. Part I of this Note explores the dilemma of drug testing in the workplace. Part II reviews the legal limits on drug testing and outlines concerns
about the accuracy of drug tests. Part III proposes a model
employee drug testing statute.
Page, Alan C. "Random testing of professional athletes.
(Drug testing in the Workplace)." 33 William and Mary Law
Review. Fall 1991. 155-160. Under a proposed Substance Abuse
Testing Act, random testing of professional athletes is rejected
as unnecessary.
Palefsky, Cliff. "Corporate vice precedents: the
California Constitution and San Francisco's worker privacy
ordinance." (Testing for Drug Use in the American
Workplace). ll Nova Law Review. Winter l987. 669-684. In
l985, San Francisco passed a Worker Privacy Ordinance to protect
the dignity and rights of its citizens in the workplace. This
article will examine that landmark ordinance, the California
Constitution's express right to privacy, and the impact of each
on drug testing in the workplace.
Pappas, Sandra. "Workplace drug testing - House File
42." (Minnesota Drug Testing Symposium). 14 William
Mitchell Law Review. Spring l988. 239-254. The author, a
member of the Minnesota House of Representatives, discusses a
bill she has drafted that addressees drug testing in the
workplace.
Payson, Martin F. and Rosen, Philip B. "Substance abuse:
a crisis in the workplace." 23 Trial. July l987.
25(7). The authors discuss the constitutional rights of employers
and employees and what employers can legally do to address the
substance abuse problem.
"Proposal For A Substance Abuse Testing Act: The Report
of the Task Force on the Drug-Free Workplace, Institute of Bill
of Rights Law." (Includes comments by members of the task
force). Drug Testing in the Workplace). 33 William and Mary
Law Review. Fall 1991. 5-45. This is an overview of a
proposed model Substance Abuse Testing Act.
Rector, Anne M. "Use and abuse of urinalysis testing in
the workplace: a proposal for federal legislation limiting drug
screening." 35 Emory Law Review. Fall l985.
l0ll-l071. This Comment addresses legal issues raised by
urinalysis testing and proposes a standard for national
legislation which would protect the legal rights of employees
while permitting employers to test for drug abuse.
Redel and Augustus Abbey. "The arbitration of drug use
and testing in the workplace." 48 Arbitration Journal. March 1993. 80-85. This article examines arbitration decisions in the aftermath of the NLRB memorandum of l987 and how the NLRB deals with common drug problems in the workplace.
Rothstein, Mark A. "Drug testing in the workplace: the
challenge to employment relations and employment law." (The
Kenneth M. Piper Lecture). 63 Chicago-Kent Law Review.
Summer l987. 683-743. This article explores the constitutional,
statutory, common law, and policy issues raised by drug testing.
It concludes that much of current testing is unwarranted and
unnecessary.
Rudley, D.L. "Invasion of privacy and drug testing in the
private workplace: a case for the application of constitutional
concepts." 20 University of West Los Angeles Law Review. l988. 43-85. (Not Available in Law Library)
Sand, Robert H. "Drugs in the workplace: the Supreme
Court, Congress, and the federal agencies declare war." 15 Employee Relations Law Journal. Summer l989. 125-134. (Not Available in Law Library)
Sanders, Arlene. "Intoxication and the law: drug testing
in the workplace." l987 Annual Survey of American Law. Spring l987. l67-l93. The author claims that Executive Order 12564 is unconstitutional because it lacks specific guidelines to ensure the expectation of privacy.
Schachter, Victor and Steven Blackburn. "Just Say Maybe:
a watershed decision on drug testing by the state supreme court
sets the stage for continued litigation of privacy rights in the
workplace." 17 Los Angeles Lawyer. November 1994.
26(6). The California Supreme Court ruled that the NCCA did not
violate the California Constitution by requiring college athletes
to submit to drug testing.
Schroeder, Patricia and Nelson, Andrea L. "Drug testing
in the federal government." (Testing for Drug Use in the
American Workplace). ll Nova Law Review. Winter l987.
685-691. The author argues that drug testing thwarts
constitutional protections.
Shaw, E. Clay and Fleming, Roger T. "Drug testing as an
element of the everlasting drug war." (Testing for Drug Use
in the American Workplace). ll Nova Law Review. Winter
l987. 693-701. The author believes that although drug testing is
not fully proven and is in some instances procedurally unfair, it
is the hard answer to the war on drugs.
Simpson, Duncan A. "Does a drug-free federal workplace
also mean a Fourth Amendment free workplace?" 40 Labor
Law Journal. Sept. l989. 547-566. This is a review of the
history of public sector drug testing litigation and attempts to
define guidelines for the constitutional application of Executive
Order No. 12564 in the light of Fourth Amendment challenges.
Sonnestuhl, William J., Trice, Harrison M., Staudenmeir,
William J. and Steele, Paul. "Employee assistance and drug
testing: fairness and injustice in the workplace." (Testing
for Drug Use in the American Workplace). ll Nova Law Review. Winter l987. 709-731. This paper examines management and employee concerns about drug screening within the context of employee assistance programs, and argues that where companies have well-implemented programs, drug screening is unnecessary.
"State-by-state drug and alcohol testing survey. (Drug
Testing in the Workplace)." 33 William and Mary Law
Review. Fall 1991. 189-252. This survey provides a state by
state summary of legal developments that affect drug testing and
treatment of substance abusers in the workplace.
Stern, Kenneth. "Government drug testing and individual
privacy rights: crying wolf in the workplace." 5 Yale Law
and Policy Review. Fall-Winter l985. 235-259. This Current
Topic argues that while the Fourth Amendment does not act as a
complete bar to non-cause drug testing, it imposes a substantial
evidentiary burden on the government which can only be overcome
in a few circumscribed situations.
Stibelman, Arleen. "Drugs in the workplace: law firms are
beginning to see the wisdom of employer-sponsored drug abuse
programs." California Lawyer. December l988. 37(l).
This is an overview of the implementation of drug abuse programs
in California law firms.
Stone, Robert L. "Mass round-up urinalysis and original
intent." (Testing for Drug Use in the American Workplace). ll Nova Law Review. Winter l987. 733-750. This is an analysis of Capua v City of Plainfield and the Drug-Free America Act of l986 in light of the concept of original intent.
Sunderland, Kaye M. and Rathbone, Coni S. "Jar Wars: drug
testing in the workplace." 23 Williamette Law Review.
Spring l987. 529-533 This is an examination of the scope and
extent of drug abuse in the workplace.
Taylor, Douglas and Taylor, Margaret. "Random drug
testing in the mass transit industry." (Drug Testing in the
Workplace: Status and Prospects.) 12 George Mason University
Law Review. Summer l990. 587-610. This article focuses on the
impact of random drug testing in the mass transit sector.
Toker, Janmarie. "Drug testing for injured employees:
adding insult to injury?" 2 Maine Bar Journal. May
l987. 131(3). The author believes drug testing will not reduce
on-the-job injuries; rather, more attention should be given to
the role of employer negligence and ignorance of safety
practices.
Ulrich, Thomas E. "A drug-free American workplace and the
Virginia employer." 15 Virginia Bar Association Journal. Fall l989. 5(7). This is discussion of drug testing in Virginia, and of the statutory, constitutional, and common law claims which can be brought against employers who implement a drug testing program.
Waple, Mark L. "Drug tests: issues raised in the defense
of a 'positive' result." (Testing for Drug Use in the
American Workplace). ll Nova Law Review. Winter l987.
75l-762. The author gives guidelines for representing clients
accused of using controlled substances.
Witosky, Steven. "The ideology of drug testing."
(Testing for Drug Use in the American Workplace). ll Nova Law
Review. Winter l987. 763-778. This article attempts to show
that the dimensions of illegal drug abuse in the workplace are
small in comparison to alcohol abuse. It also attempts to show
that drug testing has little functional value in screening out
impaired workers or job applicants.
Willette, Robert E. "Drug testing in the workplace: an
update." l989 Annual Labor and Employment Law Institute
Annual. l992. 121-134. (Not Available in Law Library)
Wong, Glenn M. and Ensor, Richard J. "Major league
baseball and drugs: fight the problem or the player?"
(Testing for Drug Use in the American Workplace). ll Nova Law
Review. Winter l987. 779-813. This article discusses the
recent history and current status of the legalities of drug use
and testing issues with regards to Major League Baseball.
"Workplace drug testing and the National Institute of
Drug Abuse: an interview with J. Michael Walsh. 12 George
Mason University Law Review. Summer, l990. 475-489. Walsh
concludes that creating a contingency between absenteeism from
illegal substance use and continued employment is a powerful
deterrent in favor of legal compliance.
Zeese, Kevin B. "Drug hysteria causing use of useless
urine tests." (Testing for Drug Use in the American
Workplace). ll Nova Law Review. Winter l987. 815-823. The
author focuses on whether there really is a serious drug problem
in the workplace; whether urine tests accomplish what they
promise; and what alternatives are available to urine testing.
Zeese, Kevin B. "Drug testing here to stay?" (Drug
Testing in the Workplace: Status and Prospects.) 12 George
Mason University Law Review. Summer l990. 545-560. The author
argues that while the war on drugs has failed to create a
drug-free society, it has succeeded in eroding many of our
fundamental rights.
Comprehensive procedures or drug testing in the workplace:
A process model of planning, implementation, and action.
National Institute on Drug Abuse. U.S. Dept. of Health and Human
Services, Public Health Service, Alcohol, Drug Abuse, and Mental
Health Administration, Division of Applied Research, National
Institute on Drug Abuse. Rockville, MD. 1991.
(GPO HE 20.8202:T 28)
Drug testing programs by public employers: Suggested
guidelines. Section of Urban, State and Local Government Law,
American Bar Association. Chicago, l988.
(KF 3885 .Z9 D78 1988)
FAA's refusal to cooperate with drug-testing requests from the National Transportation Safety Board: Hearing before a Subcommittee of the Committee on Government Operations, House of Representatives, One hundredth Congress, first session, June 24, 1987. Washington. U. S. Government Printing Office, 1987.
(Microfiche GPO Y 4. G 74/ 7: F 31/ 71)
Oversight hearing on drug testing in the work
force: Hearing before the subcommittee on Education and Labor,
House of Representatives, One hundredth Congress, second session,
April 21, 1988. Washington, D.C. U. S. Government Printing
Office, 1988.
(Microfiche GPO Y 4. Ed 8/1: 100-70)
Technical, scientific and procedural issues of employee drug testing: Consensus report. Finkle, Bryan S., Robert V. Blanke and Michael J. Walsh, eds. U.S. Department of Health and Human Services, Public Health Service, Alcohol, Drug Abuse, and Mental Health Administration, National Institute on Drug Abuse. Washington, D.C. U. S. Government Printing Office, 1990.
(GPO HE 20.8202: Em 7/ 4)
Testing for drug use in the American workplace: A symposium. Nova University, Center for the Study of Law, Fort Lauderdale, l987.
(KF 3890 .A75 T4 1987)
Urinalysis collection handbook for federal drug testing programs: for implementation of the mandatory guidelines for Federal workplace drug testing programs. U.S. Dept. of Health and Human Services, Public Health Service, Alcohol, Drug Abuse, and Mental Health Administration, Rockville, l988.
(GPO HE 20. 8208: Ur 3/ 2)