Toward a New Federal Right to Privacy

• NCJ Number: 106930
• Journal: Nova Law Review Volume: 11 Issue: 2 Dated: (Winter 1987) Pages: 703-707
• Author(s): L Siegel
• Date Published: 1987
• Length: 5 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

Only a Federal Privacy Act, which would give private employees the right to be free of unreasonable searches and seizures by their employees, will halt the tyranny of drug testing.

Abstract

A clear consensus is developing among the courts that random drug testing of public employees violates the fourth amendment's standard of 'reasonableness' for a search and seizure. Apart from some local ordinances (notably San Francisco) and mandates of State constitutions (notably California), private-sector employees are unprotected from indiscriminate drug testing. Some labor unions are effectively opposing drug testing programs, but their membership is a small percentage of the American workforce. The privacy protection afforded public employees should also be extended to private employees through a Federal statute that prohibits unreasonable searches and seizures by private employers. 11 footnotes.