Employee Drug Testing (violation of constitutional rights.)

Essay by jennahjUniversity, Bachelor'sA, November 2014

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Employee Drug TestingViolation of Constitutional Rights Judd, Jennah




The word "privacy" means many different things to different people. One widely accepted

meaning, however, is the right to be left alone. The composers of the Constitution and the Bill of Rights

embraced this meaning and it is referenced many times throughout both documents. This right is now

under attack by Private employers who use the power of the paycheck to tell their employees what they

can and cannot do in the privacy of their own homes. The American Civil Liberties Union (ACLU) along

with the opponents of Employee Drug Testing believe that what a person does during non-working

hours away from the workplace should not be used as a basis for discrimination. Employee drug testing

is an invasion of privacy and it violates an employee's constitutional rights.

Employee drug testing began in 1986 when Ronald Reagan signed an Executive Order

prohibiting federal employees from using illegal drugs, on or off-duty. In 2011, 71% of respondent

business reported some category of employment drug testing. That number is up from 21% when drug

testing was first introduced in 1986.

Companies Which Drug Test Employees

Business Category Testing of NewHires Testing of All Employees

Financial Services 35.8% 18.8% Business & Professional Services 36.0% 18.4%

Other Services 60.3% 34.7% Wholesale & Retail 63.0% 36.8% Manufacturing 78.5% 42.2% http://www.drugwarfacts.org/cms/Drug_Testing_Employee#sthash.ILKWAqVy.dpuf


Legal Authority:

Three standards will be used in showing that Employee Drug Testing violates an employee's

constitutional rights.

1. The Restatement of the Law, Second, Torts 652B

Samuel Warren and Louis Brandeis formulated the common law "right of privacy" as a

general principle rooted in existing common law. The Restatement, Second, of Torts further

outlined this privacy right by setting forth a four-part common law test...