Section 6 Private Employers

• Library: Employer-Employee Law 2008

Missouri has limited reported caselaw addressing claims brought by private employees related to employment drug testing. But other courts have addressed employee privacy claims in the context of employment drug testing.

The United States Supreme Court considered drug testing conducted by a private railroad in Skinner v. Railway Labor Executives’ Ass’n, 489 U.S. 602, 614 (1989). In Skinner, regulations from the Federal Railroad Administration allowed railroads to conduct testing of employees based on a reasonable suspicion of drug or alcohol use. Skinner, 489 U.S. at 611. The Court held that the Fourth Amendment could apply to actions by private employers undertaken as an agent of the government. Id. at 614. The Court noted that the regulations preempted state laws or regulations relating to the subject matter. Id. at 615. Additionally, the regulations forbid railroads from contracting away their right to conduct the testing. Id. Finally, covered employees were required to be removed from service if they declined a requested test. Id. Accordingly, the Supreme Court determined...