Drug Testing in Employment debate:
What would be the main claim and supporting arguments on this?
"Drug use is information that is rightfully private and ... only in exceptional cases can an employer claim a right to know about such use."
Support your claim by replying to two arguments that are used in support of drug testing. The first is that, since drug use adversely affects employee productivity, the employer is justified in testing. The second is that, since drug use can be responsible for considerable harm, the employer is justified, in the interests of safety, in testing.
- In reply to the first argument, the authors argue that an employer is entitled not to a maximum or optimal level of performance, but rather to the effort sufficient to perform the job. If this is the case, the knowledge of drug use is irrelevant, since what is at issue is simply whether the employee is performing according to the expectations of the job. "What is required contractually is meeting the normally expected levels of production or performing the tasks in the job-description adequately ... If one can do that under the influence of drugs, then on the grounds of job-performance, at least, drug use is rightfully private. If one cannot perform the task adequately, then the employee is not fulfilling the contract, and knowledge of the cause of the failure to perform is irrelevant".
- In reply to the second argument, the authors argue that prevention of harm could conceivably justify drug testing, but that there are strict limits on the instances that can be justified. Some of these limits are: (a) the job must have a clear and present potential to cause harm, (b) there must be probable cause to justify testing, (c) there must not exist other effective less intrusive means of preventing the harm, and (d) there must be checks and balances in place to prevent abuse by employers.
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