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NCJ Number: 155867 Add to Shopping cart Find in a Library
Title: Individual Worker and Drug Testing: Tort Actions for Defamation, Emotional Distress and Invasion of Privacy
Journal: Duquesne Law Review  Volume:28  Dated:(1990)  Pages:545-559
Author(s): C J Dangelo
Date Published: 1990
Page Count: 15
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: This commentary explores how private sector employees can use tort actions to defend themselves against employer drug testing programs.
Abstract: Individual workers have successfully recovered damages for injuries caused by mandatory employer drug testing, based on several causes of action: invasion of privacy, defamation, intentional infliction of emotional distress, and negligent infliction of emotional distress. On the other hand, employers cite four primary reasons for employee drug testing: (1) concern over economic costs of drug abuse which result from increased health care costs, absenteeism, and on-the-job accidents; (2) fear of liability for injuries caused by employee drug use; (3) belief that drug use increases the amount of employee theft; and (4) desire to control off-duty conduct and lifestyles of employees. Although actions are available to employees who want to challenge employer drug testing programs, certain actions may be limited and vary considerably among jurisdictions. 126 footnotes
Main Term(s): Employee drug testing
Index Term(s): Computer privacy and security; Drug abuse; Drug Policy; Drug regulation; Drug testing; Right of privacy; Substance abuse in the workplace
Note: DCC
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