National Treasury Employees Union v. Von Raab

alleged that Linn State’s drug testing policy violated the Fourth Amendment. It has already been secured that a urine drug test constitutes a search under the Fourth Amendment in Chandler v. Miller, 520 U.S. 305, 313 (1997); Skinner v. Railway Labor Execs.’ Association, 489 U.S. 602, 617 (1989). In Chandler v. Miller, 520 U.S. 305, 314 (1997), Ginsberg delivered the opinion stating that the Fourth Amendment requires government to respect "the right of the people to be secure in their persons .

whether the current or potential employees are not under any influence of illegal drugs on the job or during their time off of their jobs. Drug-free work programs can have a lot of short-term and long-term benefits as well as disadvantages for the employers as well as the employees. Talking about the advantages, there are a lot of benefits of introducing drug free programs in the work program. Firstly, such programs ensure the safety of the employer’s employees, as there are always jobs that are

A. Court Cases Affecting Privacy of Employees and Drug Testing in the Workplace 1. Supreme Court cases affirming drug testing a. Skinner v. Railway Labor Executives Association 109 S.Ct 1402(1989) b. National Treasury Employees Union v. Von Raab, 109 S.Ct. 1384 (1989) 2. Other lower court and State court rulings a. Kraslawsky v. Upper Deck 56 Cal.App.4th 179, 66 Cal Rptr.2d.297(CA 4, 1997) b. Pettus v. DuPont, 49 Cal.App.4th402, 57 Cal.Rptr.2d 46 (1997) 3. Supreme Court cases

color, religion, gender, or national origin. This also established the EEOC (Equal Employment Opportunity Commission). Lewis v. City of Chicago African American firefighters filed a discrimination suit that tests were biased against

Due to an increased number of states legalizing the use of both medical and recreational marijuana, it has become apparent that state legislation has failed to address the legality of employers discharging employees based on the violation of drug-free workplace policies by using marijuana. As of 2016, twenty-eight states and the District of Columbia have enacted laws that legalize marijuana in some form (Rubin, 2016). Despite the fact that various state governments have legalized the use of marijuana

pay for the unnecessary expenses caused by drug-impaired employees. Workers whose performances are negatively altered by drug use contribute to losses in business productivity and assist in lowering workplace safety. On average, according to the Community Anti-Drug Coalitions of America (CADCA), $100 billion is lost per year due to accidents, decreases in productivity, and other related expenses caused by incompetent, drug abusing employees (“Coalitions”). However, through a thoughtful system, businesses

both a voluntary and mandatory testing program to determine the use of illegal drugs by employees in sensitive positions. Sensitive position employees were defined to include employees granted access to classified information and individuals serving under presidential appointment. It further included Law enforcement officers and other positions that the agency head determined involve law enforcement, national security, the protection of

on the Court, despite the presence of three other Republican appointees, Rehnquist was often the only dissenter, espousing a view of states' rights and limited federal judicial power that many regarded as outmoded. Rehnquist also dissented in Roe v. Wade (1973), in which the majority based a woman's right to an abortion on a constitutional right of privacy that arose not from the terms but from the "penumbras" of the Bill of Rights. He wrote, "To reach its result, the Court necessarily has had

Drug testing has become a very big issue for many companies. Approximately eighty-one percent of companies in the United States administer drug testing to their employees. Of these, seventy-seven percent of companies test employees prior to employment. Even with the commonality of drug testing, it is still a practice that is generally limited to larger corporations which have the financial stability, as well as the human resources to effectively carry out a drug testing program. In the United States

The argument is that the employees are being deprived of their Fourth Amendment protection (22). Many believe that government testing programs should be unconstitutional unless the authorities have either reasonable suspicion or probable cause that the individuals being tested