Making a person take a drug test violates their Fourth and Fifth Amendment rights under the constitution of the United States of America. Recently, there has been an increase in companies and schools using drug test. Some companies force their employees to submit to a drug test before being hired and randomly while employed. High school sport regulations require that all student athletes give consent to being randomly drug tested. Other schools are going as far as making all students give consent to being randomly drug tested.
The Fourth Amendment states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” By taking a drug test, a person is being searched and having a sample to be tested seized without probable cause, therefore, companies and schools using a drug test are infringing on the student or employees rights. In South Carolina, a hospital was drug testing pregnant women and reporting the positive results to the police. The Supreme Court found this to be a violation of the Forth Amendment to the U.S. Constitution’s protection against unreasonable search and seizures without probable cause.
There is a very large possibility for an error on a drug test. If a person applying for a job takes a drug test and gets a false positive, this would cause him to not be hired. Also, if a company randomly tests an employee and he receives a false positive, he would lose his job. Some people are fighting back when they wrongfully lose a job, but most people will not know why they did not get the job. A flight attendant from Delta Airlines lost her job because she failed a drug test. She was accused of tampering with her urine sample. The flight attendant, Yasuko Ishikawa, Had another test done that came out negative for drugs, and it showed she had not tampered with the sample. She was awarded $400,000 because the lab that tested her was found to be negligent. Since there is a chance of error this should not be allowed. If one person loses a job because of an error, it is not fair. So until there is a test that is extremely accurate every time, no one should be screened for drugs.
A school in Beaumont, Texas wanted to force all there students to submit to random drug test. The school forces every student from sixth to twelfth grade that drives to school or plays sports affiliated with the school agree to take a drug test if they are one of the ten that are randomly picked each month. This policy was adopted in April. Since it was adopted, about half of the three hundred and seventy-five students have returned the forms. “I don’t have a problem...