NCJ Number
107285
Journal
California Western Law Review Volume: 23 Issue: 1 Dated: (Fall 1986) Pages: 72-104
Date Published
1986
Length
33 pages
Annotation
Unlike for the military and for public employees, no case law exists that defines the scope of employee drug testing in the private sector.
Abstract
The private employee's rights are fairly limited. Constitutional protections of privacy and against unreasonable search and seizure usually are inapplicable, and civil remedies do little to prevent violations of privacy in the first place. While some argue that drug testing fulfills important societal goals, others argue that its accuracy is questionable, it may be used to identify and penalize nonconformists, it does not distinguish between the one-time user and the addict, and it represents yet a further erosion of privacy and personal freedom. If the right of privacy is to continue to exist in any significant way, States must put specific limitations on drug testing and eliminate random sweeps. Through legislation requiring reasonable suspicion at a minimum, States can ensure that off-the-job activity remains within the individual's private domain unless that activity adversely affects job performance or safety. 231 footnotes.