With all due respect, I think this is a bad idea.
I don’t think I’ve ever seen a case where an employer attempted to require drug testing for violence or harassment. And I’d be surprised if such a case even exists. After all, the employer’s duty is to encourage employees to come forward and support them when they do. Making an employee submit to testing after making an accusation has precisely the opposite impact and may be seen as a form of reprisal or retaliation. And think of the optics. “Oh, you say you were sexually harassed. Would you mind taking a substance abuse test.”
And even if testing were warranted, the test results would yield little to no relevant information. Being impaired neither proves nor excuses acts of violence or harassment. And I can’t see any possible value of testing the accuser–other than to possibly impugn his/her account of the incident. But that’s a remote connection and certainly not one that justifies the imposition of testing.
I don’t think I’ve ever seen a case where an employer attempted to require drug testing for violence or harassment, but I’ll keep my eyes open for one.
Hope that helps. Glenn
