“I take a founding rights approach. The Bill of Rights calls specifically for us to be secure in our person against unreasonable search and seizure. Our legal system is quite properly based on a strong presumption of innocence. Pre-employment drug testing and random tests of employees fly in the face of the “inalienable Rights… endowed by their Creator.” The implied presumption of guilt would make the founders hang their heads in shame.
“Employment is not a master/slave relationship. It is a mutual agreement between two equal parties. Each has rights and responsibilities. … That an employer can abrogate constitutional rights at will is anathema to our most basic principles. It is corrosive and toxic to our highest aspirations. It is wrong and it is un-American.