NCJ Number
126124
Journal
Employee Relations Law Journal Volume: 15 Issue: 1 Dated: (Summer 1989) Pages: 125-134
Date Published
1989
Length
10 pages
Annotation
The Fourth Amendment's prohibition against unreasonble searches and seizures changed when the Supreme Court upheld government-mandated drug tests.
Abstract
The decisions in Skinner v. Railway Labor Executives' Association and National Treasury Employees v. Von Raab indicate that a compelling social or government interest may well override the right to privacy when health and safety or law enforcement are involved. The Court approved drug testing in post-accident investigations in the Skinner case and testing workers in safety-sensitive jobs in the Von Raab case. Many hundreds of thousands of employees may be affected by regulations imposed by the government, such as the Drug-Free Workplace Act of 1988 and the Drug-Free Workplace Regulations published by a few government agencies. These regulations focus on government contractors and employers whose activities are subject to regulation by Federal agencies. The constitutionality of such sweeping action, particularly in the absence of Congressional action, can only be resolved when further guidance is provided by the Supreme Court. 4 notes.