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Drug Testing

o be maintained. “The right to privacy is, as determined by the Supreme Court to be an implicit guarantee of the Constitution” (Holtorf, 132). Drug tests reveal many areas of one’s life which may want to be hidden to their employer or to the outside world. “Drug tests can reveal the use of contraceptives, pregnancy, or medication for depression, epilepsy, diabetes, insomnia, schizophrenia, high blood pressure, and heart trouble” (Holtorf, 132). The disclosure of this type of information can be both embarrassing and harmful to one’s social and professional career. In some cases this has led to loss of employment for discriminated individual’s. Such in the case of Duane Adens, a former Sergeant of the Army. Adens was asked to give a body hair and he refused. He then took a urine test and it came back negative. He was then asked to provide hair for a test and when he did this the test came back positive for drugs. Aden was stunned and the army denied his request for a DNA test of the hair to prove it was his. Sergeant Adens received a bad conduct discharge in July 1998. “For a soldier to lose his self-esteem, family and military respect is a bit too much based on the strength of a body hair.”-Representative Charles Rangel, New York. (Kean, 3-4). This man will suffer the rest of his life, a federal conviction, because of a falsity in our Drug testing system. In 1966 the U.S. Supreme Court ruled that compulsory blood tests are bodily searches. The Fourth Amendment, it said, applied to such searches. A compulsory blood test could be conducted only if there is “a clear indication that in fact evidence will be found” (Berger, 51). This is to say that someone can be given a test if there is a specific reason to believe that this person is using drugs. In all court cases, the court has ruled in favor of the plaintiff stating that the body and bodily fluids are considered ...

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