Topic > Drug Testing is Illegal - 939

Forcing a person to take a drug test violates their Fourth and Fifth Amendment rights under the Constitution of the United States of America. There has recently been an increase in businesses and schools using drug testing. Some companies force their employees to take a drug test before they are hired and randomly while on the job. High school athletic regulations require that all student athletes give consent to submit to random drug testing. Other schools are going so far as to require all students to give consent to undergo random drug testing. The Fourth Amendment states: “The right of the people to the security of their persons, homes, papers and effects, against unreasonable searches and seizures, shall not be violated.” By taking a drug test, a person is searched and has a sample seized for testing without probable cause, so companies and schools that use a drug test are violating the rights of students or employees. In South Carolina, a hospital was performing drug tests on pregnant women and reporting positive results to the police. The Supreme Court found this to be a violation of the Fourth Amendment's protection of the United States Constitution against unreasonable searches and seizures without probable cause. There is a very large possibility of error in a drug test. If a person applying for a job takes a drug test and gets a false positive, it would prevent him or her from being hired. Also, if a company randomly tests an employee...