Health Insurance Costs Versus Privacy
Computers by Design (CBD) is a small computer systems business in the Midwest. As a small business, the owners are aware of the steadily increasing costs of health care insurance. To control costs, the owners decide only to hire people who are physically fit and have a good health background. They have formulated a two-step program that includes pre-employment screenings and a 12-month notice to stop using tobacco and non-prescription drugs. This paper will discuss the legal issues involved with pre-employment screenings. It will also cover the topics of unions, collective bargaining, and occupational safety and health.
Legal Issues
The 14th Amendment is the legal foundation that protects employees from unreasonable searches and seizures (Bennett-Alexander, 2007). Although privacy laws protect employees, it is important to check how state laws define pre-employment screenings before implementing a business strategy. In the CBD case, the exact location is not listed; therefore, I will use Illinois as the state to explain the current laws for drug and alcohol testing. Presently, there is no federal law protecting smokers against discrimination, some states have passed laws that do. Illinois is not one of these states.
In 2004, Illinois passed the Smoke-free Illinois Act which “prohibits smoking in virtually all public places and workplaces, including offices, theaters, museums, libraries, educational institutions, schools, commercial establishments, enclosed shopping centers and retail stores, restaurants, bars, private clubs and gaming facilities” (Illinois Department of Public Health, 2010). In Illinois more than 24,000 people die from smoking each year and 2,900 people die from secondhand smoke (Illinois Department of Public Health, 2010). In 2003, the state statistics for drug abuse reports about “16% of adult Illinois residents need substance abuse treatment, and that more than 90% of them (1.4 million) do not receive...