Why can companies give their employees random drug tests?

Question

It should be illegal to give random drug tests. What people do in the privacy of their own home should not be tested. It is a voilation of the 4th amendmant and I can not stand companies that practice that. How do they get away with it?

Answer 1

The Fourth Amendment (or any other Constitutional provision) restricts government not businesses or individuals.
It's a company's or business owner's perogative to require drug testing. They have the right to place whatever restrictions or conditions of employment on employees that they see fit, although the government has arguably imposed restrictions on such rights improperly.
It's your right to choose whether or not you work for a company that does drug testing.
While I disagree with drug testing generally on principle, I agree that companies have the right to do so. Just one reason, however a very minor one, why I'm self-employed among many others.

Answer 2

The answer is pretty simple: Liability. It is a known fact that drug users underestimate the effects of the drugs they use. They get hurt on the job FAR more often than others. There is no reason for an employer to pay for the injury of someone who is under the influence of drugs. Not only does this lower the cost of liability insurance for the employer, but it discourages drug users from applying for jobs with that employer, AND discourages current employees from using drugs. It does not violate the 4th amendment. I suggest you check into your constitutional law & the decisions of the Supreme Court.

Answer 3

If you caused an accident or had one while under the influence, the Insurance Co. could throw the book at them, some jobs are dangerous and need to have a persons full attention and flexability. If this law irritates you, find a job that doesn't require drug tests, or quite the drugs.

Answer 4

The Fourth Amendment only applies to the government, not to private persons such as employers. Because, in many states, employment is at-will, employers are free to negotiate the terms and conditions of employment. There are some limitations contained in various statutes on drug testing, but these do not apply to all employers.

Answer 5

(1) They disclose it as a condition of employment (same as 'able to lift 50 lbs.' etc.).

(2) Liability! If they do not use due prudence in hiring, and someone they hire causes harm to others because they were 'under the influence,' the business is responsible for all damages.

(3) What you do in your own home is your own business, within reason. For example, you still are not allowed to kill someone in your own home and claim sanctuary under the 4th amendment. BUT - if what you do in your own home follows you to your place of work (i.e., 'under the influence'), then you are no longer in the privacy of your home. You have exposed your co-workers, business, and any one the business deals with your wanton disregard for their rights to work and conduct business in an environment conducive toward flow of harmony and free of any safety hazards and unneccesary errors.

(4) Businesses do not want to deal with any medical fallout by someone bent on destroying their health. Eventually, someone getting 'high' will miss more work days, won't be as productive as their co-workers, and will have more frequent health problems.

I agree with the companies. Both if I were in charge of the company, and if I were an employee working with others.

Answer 6

Actually, it's not so simple. In fact, it's kind of complicated. It depends on what you sign on for when hired, whether you are unionized, whether you work for the government, a private entity in league with the government, private industry, and/or at jobs that have some security aspect to them, and whether that security aspect is government regulated or not. "Reasonable suspicion " is often required, but that legal hurdle is so low as to be practically meaningless. The testing process itself can also be a nightmare, as can be the remedies in its wake.

Answer 7

Nobody want's crackheads working for them. It's a known fact that people who abuse drugs pose a threat to others...more likley to steal, lie, get high and not come to work and cheat.

A business can have whatever rules they want - not every company does that - just find another job

Answer 8

You could always start your own company and hire drug addicts.

Answer 9

You agreed to it when you accepted the job.
If you want to stick to your principles, don't accept it. You'll lose your job, but keep your pride and principles.

Answer 10

Don't use drugs and you have nothing to fear.