Current figures show that alcoholism and alcohol abuse may cost the American economy up to $120 billion each year; 46 percent of this cost can be attributed to work-related costs. Both private and public sector employees have an interest in protecting themselves against unconstitutional invasions of privacy and unreasonable searches in the form of mandatory drug testing. However, constitutions protections that apply to public sector employees do not apply to the private sector. Those employees, particularly nonunion workers, can rely on tort theories, i.e., invasion of privacy, defamation, intentional infliction of emotional distress, and wrongful discharge when challenging the implementation of mandatory workplace drug testing and the subsequent disciplinary actions taken by employers. Many courts have placed restrictions on employers' ability to implement drug testing programs; these restrictions include a requirement for reasonable suspicion, a limit on random testing to specific circumstances, the opportunity to rebut positive test results, and confidentiality of results. 44 notes