NCJ Number
110850
Journal
University of Chicago Law Review Volume: 54 Issue: 4 Dated: (Fall 1987) Pages: 1335-1372
Date Published
1987
Length
38 pages
Annotation
Random drug testing of Government employees is consistent with fourth amendment guarantees provided that the Government observes certain constitutional safeguards.
Abstract
Drug use is a pervasive problem with effects that make it a public and not a private crisis. Random drug testing of Federal employees or Federal applicants is a partial solution to this difficulty. Some people have asserted that such testing ignores the principle that each person shall have full protection in person and property. Instead, such testing exemplifies the suggestion that courts sometimes must redefine the exact nature and extent of an individual's protection from intrusion into privacy. A model program that randomly tests all Federal employment applicants and all Federal employees applying to or employed in a selected agency or unit can meet fourth amendment requirements if employees receive at least 6 months' general advance notice and 7 days' specific advance notice and if testing is conducted directly by employees of a Federal drug testing agency. In addition, these employees shall have no discretion regarding whom they test. Employees testing positive in an enzyme immunoassay test should have the right to take a gas chromatography test within 2 days. Employees with positive tests should be allowed two opportunities for rehabilitation. Test results should also remain confidential. 199 footnotes.