Drug Testin In The Workplace Essay Research

Drug Testin In The Workplace Essay, Research Paper

Drug testing in the United States began with the explosive use of illegal drugs, in order to

curb drug abuse. This began during the Vietnam War with drug use at a climax. In

general, Drug testing is a way to detect illegal drug use and deter it, usually by Urinalysis.

Drug testing in the United States violates a citizen.s right to unreasonable search and

seizure.s along with jeopardizing one.s freedom. Drug testing is not only an unreliable

invasion of a person.s privacy but it assumes that one is guilty before submitting to the

test.

Drug testing began to take place in the mid 1960.s when drugs like Marijuana,

hallucinogens and other drugs were becoming widespread (Stencel, pp.201). The military

implemented mandatory drug testing because of the widespread use and the number of

Vets that were returning home because of addiction. Ronald Reagan pushed for

employers to implement drug testing and even had himself screened for illegal drugs to

encourage employers and to reduce opposition to testing (Stencel, pp. 200). .The

increased concern about drug abuse has, in part, ben the result of the early 1986

appearance on the streets of crack-a new, powerfully addictive form of cocaine-and the

growth of cocaine addiction. (Berger, 12). President Reagan later called for a second

.war on drugs. campaign.

In October of 1986, President Reagan signed into law a 1.7 billion dollar antidrug

bill, called the .Drug-Free Workplace Order.. In addition to the bill, Reagan instructed

his cabinet officers to create a plan to begin drug testing for federal civil employees

(Berger, 14). Drug testing thus begun a sharp climb into the area of private employers. In

November of 1988 Congress passed an Act requiring grant recipients or federal

contractors to maintain drug-free workplaces. Most of the employers set up voluntary

testing programs and many employees began to sue, claiming that individual testing is a

violation of privacy rights. The argument is that the employees are being deprived of their

Fourth Amendment protection. Many believe that government testing programs should be

unconstitutional unless the authorities have either reasonable suspicion or probable cause

that the individuals being tested are on drugs.

To justify the use of private employer testing, President Bush said in 1989 that

.Drug abuse among American workers costs businesses anywhere from $60 billion to

$100 billion dollars a year in lost productivity, absenteeism, drug-related accidents,

medical claims, and theft. (Horgan, 19). This claim was derived from a source that

interviewed families that were 28% lower in overall income than the average household.

This was used in an effort to promote Bush.s .war on drugs. forum into the private sector

(Horgan, 21). Many behavior.s of lower income people often differ statistically from

upper-income people, therefore the statement of Bush never establishes a clear or accurate

statistic.

.In 1989 President George Bush unveiled his National Drug Control Strategy,

encouraging comprehensive drug-free workplace policies in the private sector and in state

and local government. (Stencel, 201). This created many controversies within the

American workplace and in National Treasury Employees Union v. Von Raab decision,

the Supreme Court upheld that drug testing was legal as long as it outweighs privacy

rights (James). Then, in 1991 Congress passed the Omnibus Transportation and

Employment Testing Act, which would extend drug testing in the United States.

Throughout the rest of the 90.s drug tests were extended to the outermost sectors of

society causing drugs to become a significant issue during election times, although

politicians are never tested themselves.

The Fourth Amendment of the Constitution was created because of the rough

treatment of colonists by the British. The British restricted trade and travel and this gave

way to smuggling. .British soldiers frequently conducted unrestricted house-to-house

searches. People were forced to keep their private records and other personal information

on their person or hidden in their home or business to avoid exposure and possible arrest.

(Berger, 102). The Fourth Amendment was part of the Constitution.s Bill of Rights to

protect one.s privacy and maintain search and seizure guarantees. The right to privacy

was described by Supreme Court Justice Louis D. Brandeis as .the right to be let

alone-the most comprehensive of rights and the right most valued by civilized men..

The Fourth Amendment of the U.S. Constitution guarantees the .right of the

people to be secure in their person, houses, papers and effects against unreasonable search

and seizure. except upon probable cause. Random drug testing threatens the Fourth

Amendment and has been called suspicion by association. This is to say that it is not

possible to justify a se

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