My final paper is 11 pages on "The ethics of workplace drug testing"

 

Prepare an 11- to 15-page paper (not including the title and reference pages) that assesses a legal/ethical issue or situation relating to a current, previous, or potential future work environment. Use at least 10 scholarly sources that are suitable for research in a graduate-level course.

Your paper must include the following:

• A description of a business situation that presents a legal and ethical issue. The business situation must be from prior, current, or anticipated future employment experiences or from a current event. The description of the business situation must not exceed two pages.
• An analysis of the ethical concerns raised by the situation.
  • Apply at least two different ethical theories to the situation to support at least two different outcomes.
  • The paper must determine which ethical outlook as applied to this particular situation will result in the best legal outcome for the business.
• An explanation of at least three of the relevant areas of law that have been addressed in this course (e.g., constitutional law, contracts, anti-trust law, securities regulations, employment law, environmental law, crimes, or torts) and an assessment of the each area of law as it applies to the business situation identified.
• A recommendation to reduce liability exposure and improve the ethical climate or the overall ethics of the situation. Your recommendation must be supported by specific legal, ethical, and business principles. A recommendation to reduce liability exposure and improve the ethical climate or the overall ethics of the situation

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Outline of Legal Issue Final Paper
The introduction of this paper will raise the question of the legal and ethical aspects of drug testing in the workplace. The paper will draw on the anticipated future employment experiences in the healthcare industry, both during pre-employment testing as well as random drug testing during employment. This was experienced during the interview process at a local hospital with the understanding that there would be random tests with the objective of workplace safety.
This second portion of the paper will include literature review to apply two different ethical theories to support two different outcomes. One outcome would involve the employee perspective, which is the principle consideration of the right to privacy, and argues that an employee taking drugs outside of work should be of no concern to the employer as long as it does not jeopardize the safety of staff and patients. The other outcome would take into consideration the employer which is concerned with employee productivity during working hours. Results from these tasks revealed impairments in the recreational drug users regarding alertness, mood, concentration and reaction times, memory, and reasoning tasks (Allen, Prichard, & Griggs, 2013).
Here, each concept and relevant area of law will be illustrated by cases. Explanations will involve employment law, crimes and particularly constitutional law as it applies to the Fourth Amendment which states that one cannot be searched without any evidence or suspicion. Arguably, a doctrine called "the diminished expectation of privacy" states that one's expectation of privacy diminishes when he participates in an industry that is heavily regulated to ensure safety and fitness of the employees' (Liem, 1992). 
In the last portion of the paper, legal, ethical and business principles will be used to make a recommendation to improve the ethical climate of the situation. Drug testing should be uniform, should not violate privacy, must be legal, and advanced notice should be given. Considerations should be given to organizations who are held legally responsible for any harm to staff and patients, where knowledge of drug use is available.