The other major constitutional issue in employee drug testing involves the fifth amendment (made applicable to the states by the fourteenth amendment), which prohibits denial of life, liberty, or property without “due process of law.
Similarly, in another case, the court dismissed claims brought by a former school employee who contended that the school board's demand that he submit to a drug test, enter an employee assistance program, or resign his employment violated his constitutional right to privacy. If the employee acknowledges that s/he understands that there will be drug testing and perhaps signs something that states this, then the employee has effectively given up his/her rights in that regard.
In addition to california, seven states have enacted protective legislation that restricts drug testing in the private workplace and gives employees some measure of protection from unfair and unreliable testing: montana, iowa, vermont and rhode island have banned all random or blanket drug testing of employees (that is, testing without probable cause or reasonable suspicion), and minnesota, maine and connecticut permit random testing only of employees in safety sensitive positions.
Drug testing, although in itself deemed legal, may be subject to constitutional challenge if testing results are indiscriminately divulged, if procedures for obtaining personal specimens do not respect the privacy rights of the person, or if testing is unnecessarily or excessively imposed. Depending upon the facts and circumstances surrounding the drug testing procedure, it may be unconstitutional to be required to provide such a sample the constitutionality of drug testing, the united states supreme court has said, depends upon the reasonableness of the employee drug testing in that situation.
Drug testing—in two 1989 decisions the court held that no warrant, probable cause, or even individualized suspicion is required for mandatory drug testing of certain classes of railroad and public employees in each case, “special needs beyond the normal need for law enforcement” were identified as justifying the drug testing in skinner v.
Challenges to workplace drug testing policies on grounds that they violate employees' privacy have not been successful but while drug testing itself usually does not violate an individual's rights, the manner in which the test was conducted (or its results utilized) may sometimes cross the line. Drug testing in the workplace addresses employee rights and concerns about passing or failing random workplace drug tests companies that drug test and info about laws, lawyers and lawsuits included. Drug testing is a prevention and deterrent method that is often part of a comprehensive drug-free workplace program both federal and non-federal workplaces may have drug testing programs in place any workplace drug-testing program should comply with applicable local, state, and federal laws.