ch 20 paper

ch 20 paper - Garrett Ozar Business Law Professor Willey...

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Garrett Ozar Business Law Professor Willey April 14, 2008 Chapter 20: Critical Thinking Exercise The hypothetical case that is under study consists of a situation where an employee of Delta Gamma, Inc tested positive for a controlled substance after eleven years of quality performance in the workplace. Sean (the hypothetical employee), has an MBA and is a “mid-level manager in charge of marketing.” His high performance has been above par and he has never had any behavioral problems on the work force. Delta Gamma, Inc. implemented their random drug testing for the first time this year and when Sean did not pass the test, he was terminated from the company. This hypothetical brings up a serious dilemma that our society is constantly dealing with on a daily basis. With new drug tests that are more accurate, companies are testing their employees to ensure the safety of not only the employee being tested, but the employees who work with them, and their customers. It is questionably unethical because one can argue that it is an invasion of privacy to test for what one puts into their own body on their own time. It can also become interestingly unethical when a test has results that may not be one hundred percent accurate. Legally, the employer has permission to give the random drug tests to their employees as long as the employee had previously agreed and signed to taking the test if they were “randomly” selected. However, it is a bit of an ultimatum when an employee refuses to sign the agreement, which most likely would terminate their status as employee for their company. According to the article, Drug Testing Balancing Privacy and Public Safety, most drug tests administered by employers are performed using “urinalysis.” Urinalysis is less expensive than blood tests, however not nearly as intrusive. Later in the reading, they claim that opponents of drug testing argue that “many types of tests yield inaccurate results as often as 60 percent of the time.” If that estimate of accuracy is indeed accurate in itself, than it would seem that
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ch 20 paper - Garrett Ozar Business Law Professor Willey...

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