The new federal law that lets
states drug-test applicants for unemployment compensation was a small
win for the Republican-led efforts to examine the urine of everyone
receiving government safety-net benefits. How many people it will affect
depends on how the Department of Labor establishes the regulations—and
on whether the courts continue to hold that such policies violate the
Constitution’s protection against unreasonable searches.
House
Republicans initially wanted to let states drug-test all 7.5 million
people collecting unemployment compensation. The compromise reached in
the payroll tax-cut deal, along with cutting six months off the time
people can collect, authorizes states to test applicants for benefits in
two circumstances: if they were fired for using drugs, or if the only
occupation they’re suited for is one the Department of Labor lists as
commonly requiring drug-testing.
The
first provision is “nothing new,” says George Wentworth, a senior staff
attorney at the National Employment Law Project’s Connecticut office.
Laws in about 20 states, he says, specifically state that people fired
for drug use are not eligible for unemployment benefits, and all states
disqualify people who lost their jobs because of “willful misconduct.” READ MORE
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