Does employee drug testing violate a person's constitutional rights?

Question

such as not to testify against yourself and no illegal search and seizures.

I don't do drugs. Someone said this and I was wondering what you thought about it.

Answer 1

I don't think it does, so long as the employee understands - before being hired officially - that there will be drug testing. If the employee acknowledges that s/he understands that there will be drug testing and perhaps signs something that states this, then the employee has effectively given up his/her rights in that regard.

At least, I believe how these things work. ;o)

Answer 2

Testifying against yourself is set up for your defense in court. If you are not being tried for drug use, then it is constitutional. Illegal search and seizure only applies to police coming into your house to look for a reason to take you to jail. Once again, you don't stand the chance of being tried or held in a prison, therefore no constitutional rights violations. If you are working for a company that does not tell you that you will be checked for drug usage, then that may be a violation of your rights. If a company does an initial drug test, then you can bet your bippy that they are going to do an occasional random test.

Answer 3

Well, as you sign a form that says you consent to the test, and you are willingly giving them the substance required for the test, it is in no way illegal search and seizure. Illegal search and seizure implies against your will/without a warrant. You sign a thing that says 'yes I'll pee in a cup for a job' usually when you fill out an application. If they chained you down and said 'you must pee in this cup or else' that would be a different story.

Answer 4

No, it doesn't. You know the drug testing policy when you take the job, and you have every right to quit the job.
Employers have every right to insure a safe and legal work place. Anyone stupid enough to do drugs doesn't deserve any special consideration at work.

**For Lynn, below... It's illegal, no matter where you do it. It is against the law, your employer has EVERY right to say, "You cannot come in to work with ILLEGAL substances in your system"... If you get hurt on the job, and have the drugs in your system, then the employer is off the hook for paying, because of your illegal activities.

Answer 5

No employment is voluntary upon acceptance of certain conditions, one of them is being free of drugs. Another could be having a degree, another experience in using a certain machine, or program. You meet the standards set, you get the job you do not you don't. Failing the test does not make you eligible for arrest, just not eligible for the job, so there is no testifying against yourself, or illegal search and seizures. (that last one is really beyond logic, did they test and then confiscate? doubt it) Sounds like your friends drug addiction has warped his/her sense of logic and common sense.and is making excuses for their own failure to get a job

Answer 6

If it is clearly stated that the company has a drug test policy and they had you sign a paper stating you understand the policy and will comply with it, they can test you whenever they want. You did agree to it.

If the company comes up with a drug test policy after you started the job, they must inform you of the policy and give you the opportunity to either sign the paper or quit with no negative treatment and a good reference. But if you do sign the paper, they can test you whenever they want.

Answer 7

YES, it most certainly does violate a persons fourth amendment rights under the U.S. Constitution Bill of Rights and by the employer simply stating they are going to perform these tests on you and holding the employment position as BLACKMAIL does NOT warrant their right to violate a persons constitutional rights. One could also claim violation of the fifth amendment rights as well.

Answer 8

If a company pays the employee insurance at work then by all means then they, the employer, should be able to test their workers. But if the employer does not have insurance for his workers then what right does he or her have to test anyone for anything since he does not care to get his or her workers a good insurance policy to help protect the persons health. Then why does he or she care what the employee does to his or her body.It seems fair enough to me. But I am just giving my opinion. God Bless You and have a great day!

Answer 9

No it is not illegal. When you apply for a job, most potential employers will have you sign a paper stating that you agree to the drug screening. If you do not sign it, they will not do the drug screening. However, you will also not be hired.

Answer 10

The person who said it was most likely a druggie. People who don't do drugs, don't ever complain about the drug testing. Considering drugs are illegal, employers have a right to know if employees are using, because it's considered a liability. Tell your friend to stop doing drugs, and he won't have to worry.