There are many sources of law in the United States. The most recognizable is the United States Constitution. While most of the laws that impact our day to day activity are created at the local level, the United States Constitution provides certain protections for every citizen of the United States. The laws protecting U.S. citizens from illegal searches of personal property as well as protecting the right to privacy are some of the cornerstones that the free United States of America was built upon. There are some laws that are written to protect the individual which directly impact business operations. Businesses must be astutely aware of how their policies affect the company as well as the individual employee. For example, what right does Huffman Trucking have to issue pre-employment as well as random drug tests to their employees and does this violate the citizen's constitutional right to privacy? What right does Huffman Trucking have to search the cabins of their vehicles at random and does this violate the citizen's constitutional protection against unreasonable search and seizure?
Huffman Trucking Company is a carrier service company operating out of Cleveland Ohio.
This company has been entertaining the option to drug test their employees. The initial crux of this option is that each individual state has varying laws in regards to this. The state of Ohio has no employment drug and alcohol testing laws. The courts are neither for nor against testing employees for drugs or alcohol. This means that if Huffman Trucking decides to go forward with testing their employees they need to prepare themselves for a lawsuit for invasion of privacy.
The Supreme Court of Illinois addressed this issue for the first time in 1989 in Skinner v. Railway Labor Executives' Association. Evidence led to the idea that drug and...