Statement of Robert J Cynkar Before the Senate Committee on the Judiciary Concerning Constitutional Issues Surrounding Federal Employee Drug Testing on April 9, 1987

• NCJ Number: 105167
• Author(s): R J Cynkar
• Date Published: 1987
• Length: 16 pages
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This statement examines constitutional issues occasioned by Executive Order 12564, which mandates random or uniform unannounced drug testing for employees in specified sensitive positions and voluntary drug testing for all other Federal employees.

Abstract

The order is intended to deter and address drug use by Federal employees whose drug use could undermine performance in areas critical to national security and key governmental functions. Should an initial test be positive, a second test that is virtually 100 percent reliable would be performed for confirmation. Employees will be permitted to provide urine samples in private, and those determined to have used illegal drugs will be referred to employee assistance programs for counseling and rehabilitation. Agencies, however, will have the discretion to remove drug-using employees from sensitive assignments. Drug testing results will not be reported to law enforcement agencies. Statute protects career civil service employees from preemptory dismissal or discipline. Due process protections of the Civil Service Reform Act ensure Federal employees of the right to notice and opportunity to respond before any adverse personnel action is taken. Drug testing provides sufficient protection for the rights and interests of employees while pursuing a legitimate governmental interest in protecting national security and ensuring the quality of employee performance required to maintain key government functions.