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University of Baltimore Law Review

Abstract

Many private employers have begun testing job applicants and employees for illegal drug use. This comment considers the reliability of the tests used, as well as the issues of privacy raised by their use. The author suggests that public policy disfavors the use of drug testing in the private public sector because of these reliability and privacy concerns. The author concludes with a discussion of common law causes of action that may be available to a private employee subjected to drug testing, including tortious invasion of privacy, defamation, and wrongful discharge.

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