Marijuana testing of job applicants is barred by NYC
nytimes.com
nytimes.com
In that case I want to have the power to determine my own job acceptance practices. I want my hiring manager to take a drug test too. After all, I don't wanna end up working for a drug edict.
The asymmetry of employer/employee relationship is just astonishing.
I told them I’d sign the NDA if all my interviewers also signed one from me, nice way to end the discussion.
My point is, if there is something you don’t like and it isn’t common, a way to decline is to decline the job. If it is a widespread practice, and unfair, then we need legislation.
I know it's a tongue-in-cheek comment, but this is part of the stigma needs to end too. If they wanted to have a toke with some friends at a bucks night the week before or some such, and then have it detected on a test, that doesn't really mean they're a drug addict...
But let me give you an example of how these sort of laws have severe unintended consequences:
In some states it is illegal to ask a potential hire if they have a felony. The reasoning was that this would force employers to be less discriminatory. The result? More discrimination of black people and lower wages. Why, you might ask? Because the less information you have as an employer, the more you are going to rely on the information you do have: what the applicant looks like, how they act, etc. Also the wages are lower becauase you have to price in the risk of them being a felon.
Employers should be able to choose whoever they think is best through whatever metrics they want. After all, it’s their business, and hiring and firing who you want is absolutely integral to freedom and free markets. And laws imposed by the government just make things worse, and more discriminatory.
Let’s say a teenage boy who looks like a stoner wants a job at WalMart. He’s not a stoner though, he just has long hair or whatever. If WalMart could have made him pee in a cup, they would have hired a dependable and honest employee. But because they can’t, they judge him on his hair and don’t give him the job.
This is the asymmetry the OP of this thread is talking about. Employers want to screw the applicant on wages, paying him market value for his "specifications" rather than paying what the job is worth to the company.
Did you expect gentlemen and scholars to apply for warehouse jobs at Wal-Mart? Do you really think it's right to practically push your job positions to halfway houses and then discriminate against felons?
One man's wasteful spending is another man's prosperity. You get what you pay for.
Like only hiring whites, or blacks, or Christians, or felons, or gays, or people who went to Harvard? Really, the government doesn't regulate this kind of thing at all. Companies can do whatever they want.
I actually like the NYC law and think it is reasonable regulation, but your argument makes no sense (imo).
So... how about skin color^W^W culture fit test?
Or, perhaps there's some hidden classifiers that out protected statuses that can be used in AI/ML interviewing black boxes? By the time someone sues, the ML logic will have mutated with more input thus invalidating the previous decisions.
https://www.forbes.com/sites/parmyolson/2018/02/26/artificia...
Long story short, hiring practices need to be transparent AND understandable. Because right now we're going down a very bad path.
It's easier said than done.
Can you, for example, think of a transparent and understandable way of telling a cat from a dog?
An exceptional case isn't applicable to most jobs in the world.
Companies want information from you that they won't share. They have economies of scale with many employees, yet employees have one source of income. Employees might relocate while the company just readies a desk.
I would say that a company that wants a drug test should give me the results from the management chain as well as HR.
You can choose to work in an organization that has strict testing policies, including the hiring managers. Or you can ask your recruiter to take a test. I'll admit its a weird request, but considering the commissions on finding an employee are so high (1 to 2 months annual salary) and tight labor market, I wouldn't be surprised if they did it. I would take a drug test for much less. I don't see the asymmetry here.
That being said, I believe that weed usage not being comparable to alcohol usage outside of the workplace doesn't make sense. I think it only makes sense to test for harder drugs e.g. opiates and amphetamines.
In idealistic world where everybody has the same leverage - perhaps. In real world refusing a job is a luxury most cannot afford. It is asymmetric precisely because negotiation positions are widely unequal.
You're talking like being offered a job is some unique luxury. Maybe for extremely desirable jobs, but if a job is extremely desirable you generally just precluded the possibility of the employer being some dysfunctional drug addict - which makes your argument a nonstarter.
So many companies in so many industries are just starving for good employees.
> So many companies in so many industries are just starving for good employees.
Perhaps we should consider the possibility that qualified candidates are not willing to work for sub-standard compensation.
It is also a generic test, kind of like a credit check, to avoid general mayhem. Things are correlated.
Why? Why is it any of my employer's business what I do outside of work?
I think you would be shocked to learn how many of your co-workers take prescription opiates and amphetamines, and aren't punished at all for it.
I used to be addicted to the stuff and ended up starting becauase an analyst gave me some when we were working on a model late at night.
I’m not sure you could agree that one group is “harder” than the other.
In real life things are even more complex: in case of a bitter divorce an employer will have some trouble trying to convince a judge that they fired a programmer because he didn't like classical music. And then programmer's attorney will present his version of events with some racial twist added...
First of all, if you sue (and you can for a number of reasons), that means litigation, even if frivolous. Secondly, most orgs don't like giving person(s) the power to fire for no reason (politics / abuse potential). Finally, unemployment insurance is a big cost; if you get "fired for cause" their rates don't go up (this systems a joke, but that's a story for another day)
So, contrary to what you might think, and people will claim on the internet, it can practically be quite hard to fire someone. You just can't sue because you got fired fired for no reason, just for other stuff (eg. discrimination)
I'm also pretty sure most government jobs require it periodically.
That also makes it kind of obvious that someone is getting ready to jump ship if they stop smoking marijuana for a couple weeks.
If you work in a safety critical, or security critical role, then there is randomized testing as well as pre-employment testing. This can be especially frustrating if you work as a contractor in those industries...
For driving/piloting jobs, they might add alcohol, but only for a spot test whilst on duty, not general consumption.
A lot of our issues stem from our (mostly) Republican Party's "War on Drugs". I could give you a rundown, but the summary section from Wikipedia does a good job.
I guess she must have got the idea from people who have been successful earlier with such attempts, so perhaps the test security at jobs aren't fool-proof.
[1]:https://www.reddit.com/r/tifu/comments/bbbzpt/tifu_by_puttin...
Speaking of which, peeing into a cup for true medical purposes is not more demeaning to women than to men (except when doctors won’t believe you when you assure them that it would be a medical miracle for you to be pregnant, and they make you take a pregnancy test anyway, wtf). Drug tests are demeaning, period, but gender has nothing to do with it.
For those who aren’t too squeamish: the female urethra does not spray like a shower head just because it’s recessed. It runs like a faucet. We may not be able to easily control the direction of the flow, but it’s easy enough to locate the opening and determine the direction by peeing a bit and stopping, and then place the cup to catch the flow.
Note that those who take them or are even forced to, are involved too. ;)
Because the procedures are different for men and women or just the principle of it? It's a common test for medical related issues, is it different for drug testing?
Almost every retail job on earth, for example. I wouldn’t care if my cashier was high as long as they can function.
Cannabis should be far more acceptable to use in modern society than alcohol. Persons having cannabis are much less likely to cause violence than those with alcohol, and are much more likely to think calmly about ways to improve the world.
I can think of 1000s more reasons why cannabis should be treated differently than alcohol by our governments and societies!
The exception here is probably with edibles. It would be far easier to OD on marijuana by ingesting concentrated edibles than it would be to OD on alcohol by ingesting shots. The irony is that edibles are probably a safer way to ingest cannabis (e.g. compared to smoking the flowers) assuming you take a normal dose.
Can feel effects even 2 days after smoking, not that they matter much more developing. Gathering client requirements day after smoking is near impossible.
Not even sure why lethal dose matters here. Did you mean half life?
Edit: cannabis half life is anywhere from 1 to 10 days. Considering caffeine's 5-6 hours and fact people usually stay away from coffee after 3PM - it's very realistic to feel cannabis for days after use.
> cannabis half life is anywhere from 1 to 10 days. Considering caffeine's 5-6 hours and fact people usually stay away from coffee after 3PM - it's very realistic to feel cannabis for days after use.
The duration of psycho-effects is not the same thing as the half-life. The half-life of cannabinoids is not too important, as the compounds are absorbed by fatty acids and released slowly over time into the body. The actual high for a typical dose lasts a few hours; you might feel groggy for about a day, maybe two if you're an infrequent user. As for your personal experience, I know people who can function normally in conversation on weed. Personally, I can't, but other things like driving and coordination tasks are no problem for me.
I'd like to see some data on the increased risks of driving while under the influence of marijuana before I lump it in with alcohol but saying that ANY reduction in focus or coordination means you are a threat to other drivers doesn't seem rational as long as you are still above a minimum threshold.
I don't hate weed. Quite the contrary! But the whole point of a smoke is to put you in a different place and that place is not conducive to the safety of those around you while steering two tons of metal at 70MPH. I'll take us off on a different and probably unpopular tangent - if you say that marijuana makes absolutely no difference to your baseline judgement, reflexes, focus, etc... then you might be hitting the pipe a bit too often (i.e., massive tolerance and habituation) and it's maybe time to consider scaling back.
The employer can always just fire you for being unable to perform job duties regardless of cannabis laws, if it is a repeat incident. They cannot just use cannabis use alone or drug test results to make an argument.
Interestingly enough, mildly drunk or hangover professional drivers routinely cause accidents which even sometimes kill people.
Safer, sure. But man, I can tell you many instances where I definitely took a good 40-IQ hit after smoking. Definitely impaired!
How many times have you seen drunken people get aggressive and start fights ie in bars, or do domestic violence? Stoners would just laugh hard and say something deeply incomprehensible to sober person
[1] http://revista.dgt.es/es/noticias/nacional/2018/07JULIO/0723...
If your question is, "can we trust Z to show up 20 days a month", an alcohol test might not be a bad one. If your candidate can't be sober for a pre-defined period of a few days, that might merit following up on.
But let's be honest, the laws requiring these tests are usually pork-barrel horseshit anyways.
Showing up to work drunk vs. showing up to work two weeks after smoking weed are relatively different scenarios, to say the least.
Edibles. Tinctures. Vapes. Salves.
Your argument isn’t very informed.
So does nicotine. That doesn't change the fact that most people smoke it making second hand smoke an issue.
Also smoking leaf is the most common method by far
Compared to Netherland where this is cca legal for many years, and you can still only buy plants or cakes (which isn't ideal for quite a few reasons, ie hard to get right dosage first time). In fact, oil vaping cartridges are illegal there (no sense whatsoever, you can buy hashish which can be very potent).
I can guarantee you, tons of people who don't smoke cigarettes vastly prefer consumption with 0 carcinogens from burning the plant.
For a random example, can employees be required to share their workout schedule, or fitbit data?
Is drug testing specifically legal?
In my experience, you already get $20 to $40 per month for going to the gym a certain number of times or doing a certain number of steps per month.
What law(s) would this workaround be working around? Ie, would it be illegal to make sharing this data (regardless of insurance) a condition of employment. I don't mean specific that are covered by other laws (discrimination, medical privacy), just an arbitrary thing an employer might want to know/control about an employee's personal life.
In Switzerland there are some exceptions for people who may operate trains or buses, but even then, the test has to be performed by a doctor and the employer only gets told if the employee is able to perform the task or not.
As an intern I wasn't really in a place to turn down a test, but letting a company examine my bodily fluids is pretty insane.
But, there's rampant amphetamine abuse in the industry among workers, because that metabolizes in a matter of hours-days as opposed to weeks. So the anti drug policy that bans workers from using cannabis on their time off has had the inverse effect of increasing harder substance abuse.
https://www.smh.com.au/business/companies/ice-the-drug-of-ch...
If you are ever tested positively for an Amphetamine-like substance, and you know you didn't take it -- you should insist on a second test right there on the spot.
Could you clarify which substances you have confirmed? Maybe some tests are better than others.
And to clarify, I do not do any testing... I just call witnesses at hearings and trials and review way more UA results than I would like to.