Exception—Special Needs: Drug Testing Regimes

Question 1

Drug Testing Regimes

Answer 1

Regulatory/public facing employees (usually working in dangerous activity) being subjected to drug tests as a requirement for that job position

Question 2

Skinner v. Railway Labor (1989)

Answer 2

RULE: Drug testing is a search, both breath and blood but it is reasonable search under the balancing approach (Permissibility of practice is judged by balancing intrusion against the government’s interest)

HELD: railroad employers had limited discretion under the regulations; there’s a strong governmental interest to regulate railroad employees’ conduct to ensure public safety

Question 3

National Treasury v. Von Raab (1989)

Answer 3

“you wanna gun, pee in a cup”- upheld random drug testing program for CBP employees that would carry guns or be around drugs

Question 4

Veronia School Dist. v. Acton

Answer 4

“you want pitch, you gotta pee” – upheld drug testing program for athletes (drugs in schools are a problem!)

Question 5

Board of Educ. v. Earls

Answer 5

“you wanna play the piccolo, you gotta pee” – upheld drug testing program for band program/any extracurricular activity at the school

Question 6

Chandler v. Miller

Answer 6

“you wanna run the state, not test without reasonable suspicion – overturned b/c not much risk to the public if public officials are stoned, lol