Can employers legally search their employees lockers, desks and urine looking for contraband?
The Fourth Amendment, which protects the privacy of citizens from “unreasonable searches and seizures,” gives some protection to public sector employees against their employers’ prying eyes. In general, a government employer cannot search the person or belongings of an employee in the absence of any suspicion that the particular employee has done something illegal. With respect to urine testing for drugs, however, the U.S. Supreme Court has ruled that government employees can be required to take such tests, even if the employer does not suspect drug use, if the person’s job is “safety sensitive,” or involves carrying weapons or having access to classified information. Private Sector employees, on the other hand, have virtually no protection against even the most intrusive practices. In all but a handful of states, an employee can be required to submit to a urine test even where nothing about the employee’s job performance or history suggests illegal drug use. If the employee refuses, h
Related Questions
- Am I legally entitled to use search software to obtain background history on employees for prescreening to check for criminal history, workman’s comp history, etc, and after hire?
- Are employers legally required to provide health insurance for their employees?
- WHO is the inspector and government agency making the request?
