Indiscriminate testing of employees for drug use is an intrusive and degrading process that undermines our most deeply held tenets of fairness and privacy in the workplace. It should not be surprising, then, that a recent study concluded that workplace drug testing lowers productivity. What is surprising is that, despite these obvious liabilities, employers continue to make drug testing in the workplace a growth industry in the United States.
Although employees of private companies
are not entitled to the same constitutional protections as public
employees, private employers could benefit from reading court rulings on
drug testing in the public-sector workplace. Arcane as the courts can
be, we rely on them to interpret constitutional principles for us in
meaningful ways that ultimately become part of our culture.
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