Question

In National Treasury Employees v. Von Raab, the Supreme Court determined that the U.S. Customs Service’s use of a drug-screening program:


A.     Did not violate their employees’ Fourteenth Amendment Rights
B.     Violated their employees’ Fourteenth Amendment Rights

C.     Did not violate their employees’ Fourth Amendment Rights
D.     Violated their employees’ Fourth Amendment Rights

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Answer #1

The correct answer is option C.

Public sector employers require their employees to take drug testing under following circumstances:-

  • The employer should test the employee in safety sensitive position, If the primary duties of the employees are affecting the public and the employees at workplace.
  • The employer should test the employee in safety sensitive position, If they have suspicion about employee using illegal drugs.
  • They may require applicants to submit drug testing as part of the application process.

There are no such strict rules that the private sector employers needs to follow before random drug testing of its employees. The only circumstance they need to consider is the restriction posed by the contract or the collective bargaining agreement with the employees.

The circumstances under public sector employers that require employees to take drug testing differ from public sector employees in terms of contract and collective bargaining agreement. Also, the fourth amendments of US constitution prohibit public sector to unreasonable searches however it does not applies to private sector employers.

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