Volume 34, Issue 6 (November 1989)
The Discovery Process in Drug Use Testing Litigation
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.