Is mandatory urinalysis drug and alcohol testing of prospective and current employees within the scope of the Fourth Amendment?

California, United States of America


The following excerpt is from Loder v. City of Glendale, 14 Cal.4th 846, 59 Cal.Rptr.2d 696, 927 P.2d 1200 (Cal. 1997):

The Fourth Amendment of the United States Constitution protects an individual from unreasonable searches and seizures. Mandatory urinalysis drug and alcohol testing of prospective and current employees by a government employer is a search within the scope of the Fourth Amendment. (See Skinner v. Railway Labor Executives' Assn. (1989) 489 U.S. 602, 617, 109 S.Ct. 1402, 1413, 103 L.Ed.2d 639.) In this case we must determine the reasonableness of such a search.

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