Random Drug Testing vs Employees Privacy Rights Essay

A. Court Cases Affecting Privacy of Employees and Drug Testing in the Workplace 1. Supreme Court cases affirming drug testing a. Skinner v. Railway Labor Executives Association 109 S.Ct 1402(1989) b. National Treasury Employees Union v. Von Raab, 109 S.Ct. 1384 (1989) 2. Other lower court and State court rulings a. Kraslawsky v. Upper Deck 56 Cal.App.4th 179, 66 Cal Rptr.2d.297(CA 4, 1997) b. Pettus v. DuPont, 49 Cal.App.4th402, 57 Cal.Rptr.2d 46 (1997) 3. Supreme Court cases dealing with Privacy in general a. Griswold v. Connecticut381 U.S. 479, dealing with individual rights to privacy B. How Do You Define Drugs? 1. Just Illegal Drugs on the Street? 2. Alcohol can be abused to? C. What is Reasonable Suspicion?†¦show more content†¦The act provided that programs had to be legal and be communicated to the employee. Discipline was left up to the employers discretion. If the employee was found guilty of criminal sanctions, the employer must administer some type of employment sanctions towards the individual also. Most of the programs were and are focused on rehabilitation and recycling of the employee back into the work environment. Privacy was extremely important with this act. It was important that the employer only used drug testing for pre-employment and not as an on going harassment of the employees if they were not found to be abusers. A number of legal definitions of privacy really have come about due to the 1890 Harvard Law Review article Right to Privacy, written by Samuel Warren and Louis Brandeis. They felt that it is the right of the individual was to be let alone and that the press or anyone else should not infringe upon his/her privacy. I n conjunction with the Law Review, the case of Griswold v. Connecticut (381 U.S. 479) also addressed privacy. Justice Douglas wrote that the individual should be afforded a zone of privacy around their person, which cannot be violated by government intrusion. It is articles and cases like these that have shaped our current legal system and how they look at the individual privacy issue. Many cases have been decided on these decisions and articles. There have been someShow MoreRelatedSocial Justice Society (Sjs), Petitioner, vs. Dangerous Drugs Board and Philippine Drug Enforcement Agency (Pdea), Respondents. Facts: in Its Petition for Prohibition Under Rule 65, Petitioner Social Justice Society (Sjs)1441 Words   |  6 PagesEN BAEN BANC [G.R. No. 157870, November 03, 2008] SOCIAL JUSTICE SOCIETY (SJS), PETITIONER, VS. DANGEROUS DRUGS BOARD AND PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA), RESPONDENTS. 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