RE the Drug Free Workplace Act:
elaws - Drug-Free Workplace Advisor
"The Drug-Free Workplace Act of 1988 requires
some Federal contractors and
all Federal grantees to agree that they will provide drug-free workplaces as a condition of receiving a contract or grant from a Federal agency. The Act does
not apply to those who do not have, nor intend to apply for, contracts/grants from the Federal government. The Act also does
not apply to subcontractors or subgrantees."
mmk so basically this is probably /why/ a lot of companies do drug testing actually. Because /if/ they are receiving a federal grant - ala a lot of small business grants - then if they do NOT drug test they lose their funding. Also anyone who contracts with a federal department can lose their contract - aka lose money by not drug testing.
"An individual contractor or grantee who is convicted of a criminal drug offense in the workplace—during the performance of the contract or grant activity—has failed to carry out the requirements of the Act and is subject to penalties. Within 10 calendar days of such a conviction, the contractor or grantee must notify in writing the appropriate contract or grant officer in the agency where the contract or grant was awarded."
and:
"
Your organization — if it is covered by the Drug-Free Workplace Act of 1988 — will be subject to penalties if it:
- Fails to implement the six steps required to establish a drug-free workplace; or
- Employs individuals* convicted of a criminal drug offense in your workplace.
*Although the exact number of convicted employees is not specified in the Act, the contract or grant officer makes the determination on a case-by-case basis."
So I'm thinking, a lot of places might be requiring drug tests, not only doing so on personal opinion, but because of federal law and the risk to their contracts/grants: because the federal contract/grant they receive is under 'federal' law, not state...
So overall, while we /could/ argue that the feds may/or may not need to repeal the Drug-Free Workplace Act of 1988, we still cannot argue that drug testing by any particular employer isn't "fair" to the employee some how.
EDIT: oops forgot the linky to the actual law ~
http://www.gpo.gov/fdsys/pkg/USCODE-2009-title41/pdf/USCODE-2009-title41-chap10.pdf