Drug Testing in the Public Sector: A Legal Analysis

Abstract

A priority in American domestic policy over the past few years has been to win the battle against drug use in our society. The frenzy surrounding this country's war on drugs, however, inevitably begs the question, Is the government, either as an employer or regulator of private sector employment, within legal and constitutional bounds when it requires employees to undergo drug testing? This question is examined through an analysis of the case law to date. The article closes with forecasted legal trends in drug testing and the implications for public as well as private sector employers.