Running head: Constitutional Rights PaperConstitutional Rights PaperUniversity of PhoenixBusiness Law, 415Constitutional Rights PaperMcBride Financial ServicesThe United States Constitutional Rights document is unique in that it provides rights and protection to individuals and businesses (Cheeseman, 2004). In this paper we will discuss McBride Financial Services, a preeminent provider of low cost mortgage services, using state-of-the-art technology in five states (Apollo Group, 2004). We will discuss the various impacts certain Constitutional Rights has on employers and employees.
DRUG TESTINGIn investigating McBride's website we found no mention of how their HR department handles the hiring of their employees or of the processes they go through in hiring an applicant. Many employers see drug testing as a way to increase productivity and decrease liability exposure; however, job applicants have viewed drug testing as an invasion of privacy (Cheeseman, 2004). Pre-employment drug screening has been upheld by the courts. Consequently, because job applicants have a lower expectation of privacy than incumbent employees, legal challenges are less likely.
Drug testing of incumbent employees by private employers are usually upheld where the employer either has a reasonable suspicion that an employee might be impaired by drugs after an accident (Cheeseman, 2004); however, many plaintiffs will say that drug testing constitutes an unreasonable search and seizure by the government in violation of the Fourth Amendment of the United States Constitution (Cheeseman, 2004).
POLYGRAHSEmployees of McBride Financial Services have access to private financial and credit information of their customers. Data security and trustworthy employees are integral to a successful company. The management of McBride Financial Services wanted to consider using polygraph tests to screen new and existing employees. In 1988, Congress passed the Employee Polygraph Protection Act, which states an employer may not require, request, suggest or cause an employee or applicant to take a polygraph test, use...