Privacy Issues in the Community College Workplace

D RUG AND A LCOHOL T ESTING AND I NFORMATION

S ECTION 4

Drug and alcohol testing, like general medical testing, is subject to restrictions that protect an employee’s right of privacy. In this area, the employee’s interest is in the freedom to engage in off-duty conduct, but employers have a strong interest in maintaining a safe and drug-free workplace. Drug and alcohol abuse testing programs, especially those implemented by public employers, have become a common source of litigation. One reason is that public employers, unlike private sector employers, are subject to constitutional restrictions regarding privacy and due process. Testing programs, especially if carelessly or unfairly administered, can also result in tort liability for defamation, invasion of privacy, assault and battery, or intentional infliction of emotional distress. Thus, it behooves every employer to develop a clear, even-handed drug policy that not only assures a drug-free work environment but adequately considers an employee’s right to privacy. A word of caution: many of the legal issues involved in this area are still being defined by the courts. Consequently, employers are strongly advised to consult with counsel in order to keep abreast of changes in the law.

Privacy Issues in the Community College Workplace ©2019 (c) Liebert Cassidy Whitmore 77