been hired, just because they are being looked at for promotion. If the employee is acting normally and making good decisions on their current job, there is no reason to test them just because they are being promoted.On the other side, there have been two cases that took the opposite viewpoint about the same subject as above. Skinner v. Railway Labor Executives Association, 109 S.Ct. 1402 (1989), holding that federal regulations mandating drug testing of railway workers were reasonable even though no warrant or reasonable suspicion existed, National Treasury Employees Union v. Von Raab, 109 S.Ct. 1384 (1989) holding that suspicion less drug testing of Customs Service employees applying for promotion to positions involving interdiction of illegal drugs or requiring them to carry firearms was a reasonable search under the Fourth Amendment. In these cases the courts consistently have upheld federal laws mandating random drug testing for employees in interstate transportation, nuclear power plants, law enforcement and other safety-sensitive positions. When the public safety is at risk, employee privacy can be breached to make sure that the public good is being protected. Most US citizens would agree with this principle after witnessing many plane, train, bus and car accidents that have killed and maimed many innocent citizens.We must also address the rulings from lower courts that have come about in favor of the employee. Many of these ruling are used in cases today as benchmarks from past decisions. Kraslawsky v. Upper Deck, 56 Cal.App.4th 179, 66 Cal.Rptr.2d 297 (CA 4, 1997) Upper Deck had a reasonable suspicion drug testing program. It seemed that Ms. Kraslawsky, a secretary, was having a problems one day. The manager felt he had a suspicion that she should be drug tested. She refused to take the test and was fired. After she was fired, she was allowed to drive 60 miles home. Evidently the manager wasn’t that convinced that she ha...
