Constitutional Rights in the Work Place

Essay by pinchetteUniversity, Bachelor'sA+, November 2006

download word file, 2 pages 3.5

Huffman Trucking is a privately owned trucking company that was founded in 1936 and has grown to include four locations as well as over 1350 employees. Huffman's primary customers include the US Government, auto part suppliers, and raw material manufactures. Constitution rights can have an impact on employees as well as employers.

Is drug testing a violation of my rights?

With dockworkers as well as drivers, is it a violation of employee's constitutional rights to conduct drug testing? Some will argue that is a violation of a person's right to privacy, but the answer is it is not a violation. "In 1986 President Reagan signed an executive order to establish a drug-free federal workplace" (2001, Para 4). This order has since become the Drug-free Workplace Act of 1988. This Act has been in effect since March 18, 1989 and requires contractors of Federal agencies to agree to provide drug-free workplaces as a precondition of receiving a contract or grant from a Federal agency.

Huffman Trucking counts the US Government as one of its primary customers so under this Act employees can be subjected to drug testing.

Can my employer listen to my phone calls at work?

In most instances, the answer is yes. For example, employers may monitor calls with clients or customers for reasons of quality control. However, when the parties to the call are all in California, state law requires that they be informed that the conversation is recorded or monitored by either putting a beep tone on the line or playing a recorded message. (California Public Utilities Commission General Order 107-B, www.cpuc.ca.gov/Published/Graphics/567.pdf) Not every business is aware of this requirement, so your calls might still be monitored without a warning. Federal law, which regulates phone calls with persons outside the state, does allow unannounced monitoring...