The Discovery Process in Drug Use Testing Litigation

    Volume 34, Issue 6 (November 1989)

    ISSN: 0022-1198

    CODEN: JFSOAD

    Page Count: 17


    Long, KL
    Watson and MacKenzie, Oklahoma City, OK

    Abstract

    The war on illegal drug use has spread to public as well as private employers. Employers have tightened terms and conditions of employment related to drug use; consequently, drug use testing has emerged as a primary means of determining whether an employee has used a drug or drugs prohibited by an employer. Litigation in this area has increased dramatically. This article focuses on the broad legal principles implicated by employer reliance on drug use testing and the role of discovery in litigation in this area. A discovery checklist highlights points that should be examined by the individual charged with the responsibility of evaluating a testing program, possible litigation exposure, or in preparing for discovery in litigation.


    Paper ID: JFS12788J

    DOI: 10.1520/JFS12788J

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    Author
    Title The Discovery Process in Drug Use Testing Litigation
    Symposium , 0000-00-00
    Committee E30