Law for Business 10th Edition by James Barnes,Terry Dworkin,Eric Richards

Exercise 6

Bennett was a motorperson for the MBTA. In 1990, the MBTA gave Bennett a copy of its new drug and alcohol policy, which called for random drug testing of employees in safety-sensitive positions. A motorperson is a safety-sensitive position. The policy also urged employees to self-refer to an employee counseling service for drug use. Those who complied with treatment and made progress would not be fired. Thirty months later, Bennett was required to take a random drug test. Her test came back positive for cocaine, and she was fired. Did the drug test violate Bennett's Fourth Amendment protection against unreasonable search and seizure? Explain.