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NCJRS Abstract

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NCJ Number: 118969 Find in a Library
Title: Constitutionality of Federal Employee Drug Testing: National Treasury Employees Union V. Von Raab
Journal: American University Law Review  Volume:38  Issue:1  Dated:(Fall 1988)  Pages:109-140
Author(s): J C James
Date Published: 1988
Page Count: 32
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: Drug abuse in the United States has prompted employee testing programs to detect and prevent the use of drugs in the Federal workplace.
Abstract: The historical perspective on implementing drug testing programs in public employment is reviewed, particularly the Army's drug testing program. The Fourth Amendment safeguards such as search and seizure, warrant requirement, and the reasonableness test, and relevant Federal and State drug testing cases are examined. National Treasury Employees Union v. Von Raab is discussed. It is concluded that employee drug testing is an invidious intrusion on individual rights of privacy and autonomy. Heightened public attention has put powerful pressure on the judiciary to weaken constitutional protections given to all citizens. For example, members of the military, according to the Supreme Court, are entitled to different constitutional protection than civilian counterparts. Decisions like Von Raab threaten to establish a special drug testing exemption to fourth amendment jurisprudence on the justification of a perceived drug abuse epidemic in the United States.
Main Term(s): Constitutional Rights/Civil Liberties; Employee drug testing
Index Term(s): Right of privacy; Search and seizure laws
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