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Unemployment Drug Tests: Republicans' Unprecedented Pursuit Of Drug Testing The Jobless

Posted: 12/16/11 01:37 PM ET

Unemployment Drug Test

WASHINGTON -- During a debate on the floor of the House of Representatives this week, Rep. Tom Reed (R-N.Y.) suggested the unemployed can't find jobs because of their own bad decisions.

"I have been back in my district, and we do town halls all the time," Reed said. "And what I've heard from small business owners across our district is that one of the main reasons that they cannot hire individuals is because they simply cannot pass a drug test."

This year more than ever, Republicans have brought up again and again the topic of unemployed people using drugs. Lawmakers in a dozen state legislatures pursued jobless drug testing bills in 2011, according to the National Association of State Workforce Agencies, in an unprecedented flurry of legislative activity on the issue. But a major obstacle to those proposals is that federal law does not allow states to deny unemployment benefits for reasons not related to the circumstances of a person's unemployment -- though 20 states do have laws disqualifying workers from receiving benefits if they're fired for a drug-related reason.

The legislation percolating through the states culminated in Congress, where Republicans in the House of Representatives passed a bill on Tuesday to allow states to do all the drug testing they want. NASWA director Rich Hobbie, who's worked in the unemployment insurance field since 1975, said it's the first time a bill to drug test the unemployed has made it so far. The fate of the provision is currently in the hands of Senate Majority Leader Harry Reid (D-Nev.), who has said he finds it ridiculous.

The House legislation sends a message: Not all unemployed are created equal; some would rather smoke pot than work. Accordingly, a portion of the huge amount the government has spent on unemployment benefits -- $160 billion in 2010 alone -- has been a waste.

What evidence do Republicans have that drug use is a problem among the unemployed? None that they've been willing to share. Ask a Republican politician's staff for additional information on his or her anecdote about the stoned jobless, and they'll tell you it's just something they hear about all the time back in their districts, and you have to take their word for it.

Rep. Dave Camp (R-Mich.), chairman of the House Ways and Means Committee -- and the man most responsible for the House bill -- acknowledged as much in an interview. In the spring, he said, his committee will hold a hearing on the topic to gather more information. In the meantime, he said, letting states require testing would be a good way to study the problem.

"I think we do need to get more data. That's why I think letting the states make this decision isn't imposing a set of requirements on them. They'll be able to examine their own policies, and it's going to be different in every state," Camp said.

"What you don't want to do is have somebody get to the final stages of applying for a job and then fail a drug test and then be denied their ability to work," Camp continued. "So it's really about making sure people are ready both for skill sets and available for the jobs that may come up. And states will be able to decide how to address that, whether it's a screening, whether it's assistance."

Several states have shown that they want screening. South Carolina Gov. Nikki Haley (R) said this year, "I so want drug testing. I so want it." She claimed that of hundreds of people wanting work with a local employer, half flunked a drug test. "We don't have an unemployment problem," she said. "We have an education and poverty problem."

Upon investigation, however, the claim proved completely untrue. It turned out that less than 1 percent of the local employer's hires tested positive. So last week, when Rep. Jack Kingston (R-Ga.) used a similar example and his office declined to provide any additional details, it seemed safe to disregard it as pure class warfare -- even as Republican leaders made Kingston their spokesman on the issue. (His proposal is different from the one that passed the House in that it would require states to drug test the jobless, not just allow them to do so.)

The Huffington Post reached out to businesses in Kington's Georgia district, however, and connected with Trey Cook, owner of Savannah Tire, a tire and auto repair company with 125 employees and eight locations throughout the Savannah area. Cook said that on average, his company has received 15 to 20 job applications per month for the past four years. During that time, he said, 40 percent of applicants failed the drug test, though he did not have detailed data.

"It is quite surprising to me," he said.

Cook said asking applicants to pass a drug test earns Savannah Tire a deal on workman's compensation insurance. "Even more," he said, "in our shop, they're working with heavy equipment. Hurting themselves or others, we see that as a liability."

And Rep. Reed wasn't just making stuff up when he said on the House floor that businesses in his New York district complained of job applicants failing drug tests. Though his office made no effort to prove it, the business community in his district insists it's a problem.

Dan Porter, director of Chemung Schuyler Steuben Workforce New York, a job training nonprofit, is not a fan of demagogic attacks on unemployed people. But he said that over the past three to five years, the hundreds of businesses he's worked with have told him job applicants fail drug tests at a rate of 10 to 30 percent. Marijuana is the main culprit.

"I can tell you there are individuals we have that were on unemployment for a significant period of time," Porter said. "Additionally, while they were on that, they were receiving food stamps, and also during that time we would be training them to the tune of thousands of dollars. We get this all done, and then they go to the job and they fail the drug test and they can't get hired. ... It's a huge drain."

Denise Ackley, director of the nearby Corning Area Chamber of Commerce, said employers make people pee in cups for legal reasons. "You would never want to be caught having an accident or a breach of security ... and then find out there was a drug history and the employer was not testing," Ackley said. "We are definitely in a sue-happy society."

Porter's got informal anecdotes and no detailed data, but positive drug tests have become such a concern that in June, his agency launched an effort to get the word out. The "Think Again, Quit to Get Hired" public awareness campaign featured radio and TV ads during the summer, and it continues online at www.quit2gethired.org. The ads say that up to 50 percent of area workers can't pass a pre-employment drug test (the higher rate, Porter said, reflects what has happened with a narrower set of employers). As far as Porter knows, his is the first workforce agency to publicize widely the issue of drug use and hiring, though he suspects it's a national problem.

According to the government's National Survey on Drug Use and Health for 2010, unemployed people were more than twice as likely to use drugs than people with full-time jobs. The rate of drug use among the fully employed was 8.4 percent, compared with 17.5 percent for the unemployed. It's a striking statistic -- even though not everyone looking for work is necessarily eligible for unemployment insurance; people who quit of their own accord, or who were fired, or who just entered the workforce, or who have been out of work for too long are ineligible for benefits.

Anecdotal evidence supports both sides of the argument. Earlier this year in Florida, Republican Gov. Rick Scott championed a new law requiring every single welfare applicant to pass a drug test. Before a federal judge halted the policy for flagrant unconstitutionality, it revealed that welfare applicants used drugs at an even lower rate than the general population. While surveys put overall drug use at 8 percent, just 2.5 percent of Florida welfare applicants tested positive.

Nevertheless, a right-wing think tank claimed huge savings from the law -- in an analysis that a federal judge ridiculed as flawed -- and statehouse Republicans across the country cited Scott's bill when they proposed bills to drug test either welfare applicants or unemployment insurance claimants. The analysis wasn't strong enough to dissuade the National Employment Law Project, a respected worker research and advocacy group, from using what happened in Florida to say drug testing the jobless is a waste of money.

During a floor debate in Congress on Tuesday, Democrat after Democrat raged against the Republican bill in an effort to destroy the notion that a person can be laid off through no fault of his or her own. Rep. Rob Andrews (D-N.J.) said it sounded sensible to ask people not to be on drugs when they search for work, but that the measure sent a different message.

"It isn't sensible to say to someone, 'If you've been looking for work day after day and week after week and trying your best to find your next job, it's your fault if you didn't find it,'" he said. "But that is essentially what this bill says: If you are unemployed, look in the mirror. It's your fault."

Arthur Delaney is the author of "A People's History of the Great Recession," HuffPost's first e-book.

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WASHINGTON -- During a debate on the floor of the House of Representatives this week, Rep. Tom Reed (R-N.Y.) suggested the unemployed can't find jobs because of their own bad decisions. "I have bee...
WASHINGTON -- During a debate on the floor of the House of Representatives this week, Rep. Tom Reed (R-N.Y.) suggested the unemployed can't find jobs because of their own bad decisions. "I have bee...
 
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COMMUNITY PUNDITS
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weebils 03:43 PM on 12/16/2011
This is just politician­s once again covering the money they stole. Like social security many unemployme­nt funds had excess funds. Just like social security the politician­s got their hands on the money, never replaced it, and now are pulling a scam to keep people from collecting­. People qualify for unemployme­nt because they worked and  Read More...
10:21 PM on 12/29/2011
I have a problem with all unemployed people who are applying for benefits being drug tested. Most of them have been through enough without that added degradatio­n. Perhaps there should be testing only if it is obviously indicated to do so, and of course potential employers still have that right.
HUFFPOST SUPER USER
Vincent Gormley
Artist, activist, volunteer, compassion lives
08:28 PM on 12/21/2011
Obviously there is an overwhelmi­ng perception that Republican­s are "ON" something. Democrats should sponsor a bill to test all (R)'s in or out of office, We'll see how fast they stop this nonsense. ( I think I can remove my tongue from my cheek now)
CanuckforamultipartyUSA
Let's ask Maher Arar about rendition...
11:47 AM on 12/21/2011
one of these GOPers were on CNN, talking about this, and three times he didnot answer when asked by the interviewe­r" so shouldn't members of Congress have to have a drug test, cause they're paid with tax dollars too.?" and how about alcohol...­how many members go back to work after having a "liquid lunch"???
HUFFPOST SUPER USER
lriSdismayed
11:00 AM on 12/21/2011
So this is the excuse Repubos are using for the high unemployme­nt rate! This is incredible­! The people who are unemployed are walking around with Doctorates and Master degrees. They are the end result of Wall Streets greed. One company was told to lay off workers by an analyst from Wall Street even though this company made a hugh profit that year. They are calling all unemployed drug addicts while they vote down a jobs bill that would employ so many. SHAME! SHAME! to this rebubo and his cronies. Do you really think people are that stupid to buy into this spin, this lie, so you can feel good about voting no for jobs. I hope the people in your district see through this master of spin and vote with there eyes wide open.
Now that being said I want to know if any of these congressme­n and woman are drug tested on a regular basis. If not then I demand that random testing be done to them after all the ridiculous antics coming from these repubos and the democrats that side with them I have to wonder????­???
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majesticjkr
Always look on the bright side of life
12:55 PM on 12/20/2011
Hi de hi, what a circle, round and round we go again, so the unemployed are all junkies, well ok they do have a point about unemployed taking drugs, but, yep but, if everyone just stopped taking drugs and went looking for a job, how many do you think would be able to do any work, when you've been out of work for so long and on drug, the body isnt the same as a persons who's always had a job and got into a routine working, the heart beat, the lungs, strengh of mind, then we have the questions about trust, im afraid it might be better for the working class to except that there are people out there that are just not up for working, or being around working good clean cut law abiding tax payers who dont want these layabout problems anywhere near them, plus what about the exspence to drug test all these people, it's going to be money waisted again, americans are sick to death of it' goverments waisting all the peoples hard earned tax's, hi de ho.
08:14 PM on 12/21/2011
majestickj­kr... Wow! "the body isn't the same, the heart beat, the lungs": You could be talking about the obese or genetic heart disease, or lung problems, high BP or those over 50, diabetics, those with asthma. What about "Type A behavior"? They make the best CEOs, Generals, world leaders but are heart attacks waiting to happen.
"Strength of mind": could apply to older people or anyone with a low IQ (not everyone needs a strong mind for every job, now do they?)

Now, you're really making HUGE assumption­s with: "working good clean cut law abiding tax payers who dont want these layabout problems". Whoever said that ALL taxpayers have to be good, clean cut or law abiding? I'm a taxpayer and I know that laws are made by man... some are silly and I choose which ones I will abide by. Many Wall St managers, oil companies, etc break laws all of the time and they have jobs.. they even get rewarded for their actions with more money from the govt!
09:51 AM on 12/19/2011
This is really a no brainer, as most who are close to the process of employing general labor will tell you that a great % of the applicants cannot pass a pee test. Not sure of what happens in white collar jobs, but blue collar is really a problem.
I agree, there is no difference between an evening joint and a beer, and in general labor jobs, no one wants to work next to a buzzed person, as safety can be a real issue.
Pee tests should not include pot if they don't include alcohol
03:05 PM on 12/19/2011
There should be no urine tests for marijuana. They do not indicate current intoxicati­on, but rather if someone has consumed marijuana some time in the last few weeks.'

Further, there has been no indication that there are any significan­t problems of people smoking marijuana at work. It it's not broke, don't fix it.
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HUFFPOST SUPER USER
CaptainRenault
Here to keep an eye on the rascals.
07:01 PM on 12/19/2011
Precisely correct.

^ ^
08:26 PM on 12/19/2011
You John, obviously do not do the same dangerous work that I do, or you would not say that. Maybe your a mail carrier or secretary, so be it, but climb a 400 ft tower with the other man on your life line and tell me that.
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askandtell
Proud Minnesotan; Inspired by Paul Wellstone
12:33 PM on 12/20/2011
That is a false statement. But since many companies already do drug testing for final candidates­, why should the tax payers be burdened with a program which will cost billions? Look at the statistics coming out of Florida and why the courts stopped the state from this foolish program.
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majesticjkr
Always look on the bright side of life
01:04 PM on 12/20/2011
you tell them girl, it's not worth the money, just think what all them billions your talking about could do for the working class, i say let the drug takers take their drugs and one day they will wish they hadnt, what the courts should do is make it law that companies have the right to drug test anyone they think cant cope with the work, this leading to workers putting more effert into what their doing, knowing a drug test might be just around the corner,
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HUFFPOST SUPER USER
AuntInAZ
Hypocrisy is one of my pet peeves.
03:44 AM on 12/28/2011
And there's another thing thath Arthur didn't really touch on in this article, but I've seen mentioned in other articles on the subject; and that is that some of the people pushing these drug testing laws either have stakes in companies that might perform the test (and t hus would make a profit from the law passing), or have relatives or acquaintan­ces that would profit. Very interestin­g, don't you think?
HUFFPOST SUPER USER
Terence Duke
Tea Pty Slogan:We Will SEE it When We BELIEVE It
06:26 AM on 12/19/2011
The Main point here is that most that do test positive are for marijuana. How ridiculous­. I worry more about an employee coming in hungover from drinking than smoking pot any day. The other key point is that all these employers "so concerned" have their workers comp insurance tell them they receive discounts for drug testing.
HUFFPOST SUPER USER
bluecatb
06:06 AM on 12/19/2011
Sink my boat and I torpedo yours.
05:15 AM on 12/19/2011
I think someone in the RNC has a urine fetish
11:50 AM on 12/19/2011
LOL. Yes, I think they do!. First they come up with the "trickle down" theory, and now this! I smell "fetish" too.
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SevenUPtheUNCOOLA
give me reproductive freedom or give me death
12:28 AM on 12/19/2011
its prospectiv­e employers who now bear the burden of the cost of drug testing. if the feds require it the states are going to require the feds to make a hefty contributi­on. if we think the feds can absorb those costs nationwide ........ well thats just ridiculous­. big brother gettin a bigger head all the time but hes turning into a 98 pound weakling from bearing the weight of too much (unconstit­utional) responsibi­lity.
Iceneedle
Techie and educator
10:25 AM on 12/19/2011
In a similar note, through an NPR news story about banking executives had been increasing the amount of alcohol and illegal drugs to "improve" or to block out the public backlash against bankers.

So if it is happening in England who cannot say it is happening here in the United States financial district where the need for speed and convoluted schemes is at its highest. Of course, we bailed out all of these financial institutio­ns, maybe we should drug test these banking and financial executives as well. Afterall, do you think clear minded individual­s made these chaotic and risky and ill conceived decisions.
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SevenUPtheUNCOOLA
give me reproductive freedom or give me death
11:18 PM on 12/19/2011
maybe we could get lucky and they will crash and burn.
REDSTATEREFUGEE
Texan by birth ; Californian by choice
11:37 PM on 12/18/2011
Republican­s can only hope and pray that Rush Limbaugh never loses his job, has to file for unemployme­nt, and has to submit a urine sample.
09:36 PM on 12/18/2011
My To-Do List this week: Call (or e-mail) my Reps and Senators and tell them that as a constituen­t who pays part of their salaries, travel expenses, food & lodging, health insurance, and pensions, with my tax $$$$, I would like them to pee in a cup before roll call every day.

The ridiculous decisions they have been making give me good cause to believe that the majority of them are on drugs, under the influence of alcohol, and/or both!
HUFFPOST SUPER USER
bluecatb
06:09 AM on 12/19/2011
I agree.
08:39 PM on 12/18/2011
I think Republican­s have drug-addle­d losers with everyday people that are just OUT OF WORK!!
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HUFFPOST SUPER USER
romdrom
03:20 PM on 12/18/2011
Unemployed to Republican­s, "YOU pee in the cup."
01:17 PM on 12/18/2011
I personally am not opposed to drug testing. But at the same time it must be based on evidence when the republican­st talk about umemployed being lazy. Even I as a conservati­ve don't believe this crap.
HUFFPOST SUPER USER
lriSdismayed
11:06 AM on 12/21/2011
Glad to hear it!