Discuss the nuances associated with drug testing, and outline the arguments for and against it.

Question

What will be an ideal response?

Answer 1

Drug testing is one area in which employers have a longer history of monitoring employees. The employer has a strong argument in favor of drug or other substance testing based on the law. Since the employer is often responsible for legal violations its employees committed in the course of their job, the employer's interest in retaining control over every aspect of the work environment increases. On the other hand, employees may argue that their drug usage is only relevant if it impacts their job performance. Until it does, the employer should have no basis for testing.
Though drug testing may provide a productivity benefit for companies, such policies may introduce legal and ethical challenges for employers. The Americans with Disabilities Act prohibits employers from inquiring about an employee's use of prescription drugs unless the employer has a reasonable basis for believing that the worker poses a safety threat or is unable to do his or her job.
Where public safety is at risk, there is arguably a compelling public interest claim from a utilitarian perspective that may be sufficiently persuasive to outweigh any one individual's right to privacy or right to control information about oneself. However, this is not clear for jobs in which public safety is not at risk.