of government employees and the public. The act provided that programs had to be legal and be communicated to the employee. Discipline was left up to the employer’s discretion. If the employee was found guilty of criminal sanctions, the employer must administer some type of employment sanctions towards the individual also. Most of the programs were and are focused on rehabilitation and recycling of the employee back into the work environment. Privacy was extremely important with this act. It was important that the employer only used drug testing for pre-employment and not as an on going harassment of the employees if they were not found to be abusers.A number of legal definitions of privacy really have come about due to the 1890 Harvard Law Review article “Right to Privacy”, written by Samuel Warren and Louis Brandeis. They felt that it is the right of the individual was “to be let alone” and that the press or anyone else should not infringe upon his/her privacy. In conjunction with the Law Review, the case of Griswold v. Connecticut (381 U.S. 479) also addressed privacy. Justice Douglas wrote that the individual should be afforded a “zone of privacy” around their person, which cannot be violated by government intrusion. It is articles and cases like these that have shaped our current legal system and how they look at the individual privacy issue. Many cases have been decided on these decisions and articles. There have been some cases that have affirmed suspicion less or random testing for drugs. Loder v. City of Glendale (1997) 14 Cal.4th 846, 59 Cal.Rptr.2d 696. The Court held that the city could require all job applicants to submit to drug testing. However, suspicion less drug testing of all current employees who were offered promotions was not reasonable under the Fourth Amendment. In this instance, the courts have protected the rights of the employee to not be tested again after they have...
