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Drug Testing In The Work Place (Its An Invasion Of

2624 words - 11 pages

Drug Testing in the Work Place (its an invasion of privacy) We resolve that drug testing is an invasion of privacy and infringes on employees? personal rights. We will show that drug testing is a violation of the Fourth and Fifth Amendments. The courts maintained this interpretation until recently. We will argue that any test must be both valid and reliable, and drug tests are neither.Drug testing is used to detect the presence of illegal drugs found in a person?s body; this is done by collecting a specimen of blood, sweat, hair, or most commonly urine. Drug testing is a humiliating experience because it makes the employees feel as though they?re criminals. The individual is watched ...view middle of the document...

The Fifth Amendment protects you from being forced to incriminate yourself. ?Currently, (illicit) drug use is considered an infamous crime. What the above statement means is that one cannot be forced to take responsibility for a crime unless first indicted by a Grand Jury. That means that if a company takes action to drug test you for a ?crime? without a presentment or indictment by a Grand Jury, it violates this right. Before they can search (drug test) they must first have probable cause supported by an Oath or affirmation, then they must obtain a Warrant, do the search (drug test), then indict you before and Grand Jury, find you guilty, and then fire you or not hire you. Unless you're having charges pressed against you in an indictment by a Grand Jury, you may not be held responsible for a crime. You do not ?answer? to it.? (www.nontesterslist.com). Drug tests force one to give witness upon oneself.It is not fair for Congress to enact laws to require people to undergo drug tests and not submit themselves to same level of testing. In late September 1998, the White House refused requests from congressional investigators seeking information about the jobs held by those in the special drug testing program. ?Your request amounts to asking us to be complicitous in a methodical, broad scale invasion of privacy,? White House Counsel Jack Quinn wrote in a letter to House Civil Service Subcommittee Chairman John Mica.Drug testing costs our country billions of dollars every year. It is being used to discriminate thousands, and ruin lives of millions of others. The Fourth and Fifth Amendments are the cornerstone of our country?s democracy. Drug testing needs to be removed from our everyday lives to ensure that we maintain democracy and can continue to live our lives the American way as the framers of the Constitution intended.Many people hold the belief that the federal and state courts have always been in favor of mass drug testing programs. That is not true. 1986 the United States District Court of Tennessee (Lovvorn v. City of Chattanooga) ruled that the mass urine testing of fire fighters without individualized ?reasonable suspicion? was in violation of the fourth amendment. The same hold for: ? Capua v. City of Plainfield, 643 F. Supp. 1507, 1513-20 (D.N.J. 1986) (testing firefighters at random).? Patchgue-Medford Congress of Teachers v. Board of Ed., 119 A.D> (1986) (testing all probationary teachers).? Jones v. McKenzie, 628 F. Supp. 1500, (D.D.C. 1986) (testing of school bus attendants), rev?d, 833 F. 2d 335 (D.C. Cir. 1987).The courts maintained this interpretation until as late as the mid-1980s, until the declaration of ?the War on Drugs.? In the years following 1985 the position, which had held for years suddenly, began to falter. This was a direct result of the drive of America?s new metaphorical ?War?.This policy was challenged to Committee for GI Rights v. Callaway (518 F. 2d466 [1975]), but was declared constitutional by the court...

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