Drug Testing for Unemployment Benefits Authorized In New Payroll Tax Cut Bill

A House bill to extend a payroll tax cut would also authorize states to require drug testing for recipients of unemployment benefits, prompting questions about the measure’s effectiveness and legality.

The language in the bill, which appears unlikely to become law in its current form given stiff opposition from Senate Democrats, ensures that federal law would not prohibit states from implementing drug testing. While that is less stringent than an unsuccessful proposal that would have mandated drug testing for some unemployment insurance applicants, it still drew criticism from Democrats, who said it would violate Fourth Amendment protections against search and seizure.

“One of the most egregious aspects of this bill is that it promotes state drug testing for workers to qualify for unemployment benefits,” Rep. Gwen Moore (D-Wis.) said on the House floor Tuesday. “Mr. Speaker, did the authors of this provision know about the Constitution of the United States of America?”

Proponents of the measure argue that it would help reduce strain on overburdened unemployment insurance programs by screening out drug users, while critics argue that it will needlessly add to the struggles of unemployed Americans.

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