Assignment
Case: Pre-Employment Screenings: What's Appropriate?
At a public library in Oregon in 2004, Janet Lanier applied for work as a library page. The job duties included such tasks as reshelving books and occasionally working a youth service desk. The library offered Lanier the job, on the condition that she first submit to drug and alcohol testing-a pre-employment requirement recently adopted by the library's municipality.
After Lanier refused to take the test, claiming it was an invasion of her privacy, the library withdrew its offer. Lanier then sued the library, alleging that a pre-employment drug and alcohol test constituted unreasonable search and seizure-a practice barred by the Fourth Amendment to the U.S. Constitution as well as the Oregon state constitution.
A district court found the testing policy unconstitutional. That ruling was later reversed on appeal. However, the appellate court said jobs that keep the public safe-for example, the role of police officer-could constitutionally require pre-employment drug and alcohol testing. At the same time, the court ruled that "suspicionless" screening-that is, testing candidates where no suspicion of substance abuse exists-is not justified.
Employers should keep state and federal law in mind if they contemplate imposing pre-employment drug testing on job candidates.
Question
As an employer, how would you handle the matter of pre-employment screening in your industry?
Write at least a couple of paragraphs giving your reasoning on how you would handle the question above.
Format your assignment according to the following formatting requirements:
1. The answer should be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides.
2. The response also include a cover page containing the title of the assignment, the student's name, the course title, and the date. The cover page is not included in the required page length.
3. Also Include a reference page. The Citations and references should follow APA format. The reference page is not included in the required page length.
Case: Lanier v. Woodburn, 9th Cir., No. 06-35262 (3/13/08), 518 F.3d 1147; 2008 U.S. App. Lexis 5353.
Source: James E. Hall, Mark T. Kobata and Marty Denis, Workforce Management.