Four major constitutional issues are at issue: the right to privacy, search and seizure, due process, and equal protection. Various court decisions regarding these constitutional questions could affect employee drug testing programs. Although employees not covered by contract or unions could be terminated at will, recent court decisions have applied the principle of fundamental fairness which could be relevant in cases of drug testing. Unions should be brought into negotiations involving drug testing of their members. Several relevant nonconstitutional issues are potentially involved as well: discrimination, tortious invasion of privacy, defamation, assault and battery, negligence, chain of custody, and scientific evidence. 27 references.