This week, a federal judge issued a temporary injunction against the enforcement of a divisive Florida law that requires “suspicionless drug testing” for all welfare applicants before distributing benefits.
The American Civil Liberties Union (ACLU) filed on behalf of a single father in Orlando a lawsuit that alleges Florida’s law violates Fourth Amendment rights for safeguard against unreasonable search and seizure.
Enacted in May 2011, the new law applies to any adult applying to the federal Temporary Assistance for Needy Families program. Those who qualify for assistance are reimbursed for the test in their welfare benefits.
Florida Gov. Rick Scott was one of the law’s biggest advocates, claiming the law would evoke “personal accountability.” Scott also said it would be “unfair for Florida taxpayers to subsidize drug addiction,” quotes John Couwels in an article for CNN.
Governments are not alone in believing individuals should be held personally accountable for abusing illicit drugs, which is why polls show over half of employers in America (57%) still conduct drug tests.
Obviously, law firms, like all businesses, aspire for a drug-free workplace. But they also aspire for a productive one. And, it turns out, whether because they represent a level of distrust on the part of the firm or because employees dislike the violation of their privacy, drug testing decreases productivity in the workplace.
A recent study investigated 63 “hightech” firms in the computer equipment and data processing and found that drug testing had “reduced rather than enhanced productivity,” reports the ACLU. Firms with pre-employment testing, versus those with no drug testing at all, scored 16 percent lower on productivity measures. Firms with both pre-employment and random testing were 29 percent less productive than those companies without drug tests.
In addition, drug testing is expensive.
In 1990, the federal government spent $11.7 million to test selected workers in 38 federal agencies. However, of the roughly 29,000 tests taken, only 153 (.5%) were positive for illicit substances. The cost of finding a single drug user—and in this case, over half were moderate, occasional users of marijuana—amounted to $77,000, according to the ACLU. Not to mention, among these employees, there’s always a risk of a false positive.
These reasons might explain why the percentage of employers with testing programs has dropped steadily over time, from 81 percent in 1996 to 62 percent in 2004, according to the American Management Association, cited by TIME. The trend is expected to continue.
Drug testing is no guarantee that you’ll actually catch a drug user.
If your firm has concerns, there are myriad other more effective and less invasive means to encourage a drug-free workplace:
Substance Abuse Programs And Counseling. Make sure substance abuse, mental health, and counseling programs programs are covered by employer-paid medical insurance. When an employee requests a mental health holiday, accept it.
Preventative and remedial measures to permanently eliminate addiction is far better for the firm and its associate than just identifying such a person, and putting them out on the street.
Comprehensive Reference Checks. In-depth reference checks of potential future employees are equally effective as drug testing. It’s more than likely that a previous employer has noticed patterns of abuse, or has an opinion regarding that employee’s professional conduct. Ask to speak with the employee’s former supervisor, as opposed to the Human Resources representative. Don’t be afraid to ask blunt (but not discriminatory) questions.
Workplace Training and Employee Investment. Enroll your law firm partners and administrators in programs geared toward the identification of drug users in the workplace. These programs also teach remedial actions to confront and appropriately advise these users.
In addition, instead of corporate retreats or costly drug tests, spend money on employee wellness programs—including fitness programs, healthy meals, or in-house massages.
Reducing stress in the office will keep your employees from self-medicating during those long work hours and client meetings. Plus, it sends the opposite message, from mistrust, as with drug tests, to one of support and advocacy.
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