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Employment Law Case Study 6

In: Business and Management

Submitted By robertharvey7
Words 3769
Pages 16
Case
Analysis
3
 BA370
Employment
Law
 Robert
Harvey


Lanier v. City of Woodburn In the case of Lanier v. City of Woodburn it is discussed if passing a preemployment drug test is required for the conditional of job offer as being constitutional. This case also discusses that a government employer is unable to demonstrate that it had a special need to drug-test a job candidate. Also whether or not drug testing should be used a determining factor in the hiring decision of a potential employee within the organization. Another important aspect to look at in the discussion of drug testing is whether or not if the job candidate can refuse drug testing without facing adverse employment consequences. There are many types of employment tests that many employers base their hiring and promotion decisions on. Employment tests are also used by employers within an organization to screen for fitness of the individual and whether or not they would be able to complete the job that would be required of them. Some of the these tests that completed by employers are designed to identify disqualifying characteristics such as illegal drug use, lack of truthfulness, intelligence, psychological, skill, and physical in order to complete any or all of the jobs that may be required of the employees in order to work for a particular organization. Not only is dug testing looked at in this case but also whether or not the Fourth Amendment is violated on the basis of unreasonable search and seizure that shows the “most significant limitation on drug testing” that is found in both the U.S. Constitution and state constitutions. Drug testing occurs under a variety of circumstances in which tests are given prior to hiring, in conjunction with periodic medical exams, for the verification that employees who have been through drug rehabilitation programs are staying “clean” after the observations of…...

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