“For Cause” vs. “Random” Testing

Generally, employers are permitted to engage in”for cause” or reasonable-suspicion testing under drug-free workplace programs. State law may limit or prohibit random (“suspicionless”) testing of employees unless the job position warrants such an intrusion, such as in “safety sensitive” positions. It is important to remember that private-sector employees do not always enjoy Fourth Amendment rights protecting them against unwarranted or unreasonable searches and seizures (only Fifth amendment rights are extended to the states by the Fourteenth Amendment). Nevertheless, many state constitutions incorporate such rights into their own constitutions, so private sector employees may have the same protections.

Inside “For Cause” vs. “Random” Testing