September 25, 1998To cowan@marijuananews.com
I just finished taking a drug test this morning as a condition of getting employment
with a major telecommunications firm. I dont drink, smoke cigarettes or
marijuananever have, never will, so I have nothing to worry about. But for some
reason I felt terrible, as if I had been violated and humiliated. It wasnt enough to
provide a sample of my urine. It had to be the right temperature. I couldnt flush
the toilet. I was told to give them the hand-soap on the counter by the sink so as not to
dilute anything. A person stood outside the door to make sure I didnt leave. I was
told to empty my pockets. It was as if I was some sort of a criminal suspectthere
was no trust, except in the Reagan arms race philosophy of "trustthen
verify."
What struck me so much was not that my Fourth Amendment rights
had been violated, but that no one seemed to take notice. There were businessmen in suits
and ties coming in and out of the bathrooms, as well as older ladies who could be
someones grandparent. They smiled, then casually urinated away what dignity they
hadall the while being done with the usual formalities that one would expect in an
office complex.
It seemed like a throwback to the days of the Communist witchhunts of the 1950s. One
had to sign papers declaring that he or she was not a member of the Communist Party, and
"loyal" to the United States of America, even when it was none of the
employers business and had nothing to do with the average private-sector job. A drug
test is the essentially the same scenario, only with an additional lie-detector test. This
time it is an oath of allegiance to the Drug War and its values, whether or not you find
them abhorrent.
There are those who say that since a drug test is "voluntary," there is no
problem with it. That argument misses the fact that it becomes a situation of duress when
landing a job is at stake based upon the correct response to "volunteerism."
Even if it were voluntary, should one really be asked to waive their Fourth Amendment
rights? Do companies have the right to ask blacks and other minorities to give up their
Fourteenth Amendment rights so they could be escorted out of white-owned businesses? Can
companies ask a person about their religion, political affiliation, or sexual preference?
Can they ask someone to sign a "voluntary" statement about such topics? Of
course not. But they can not only ask you about your drug habits, if any they have
the authority to search INSIDE of you to see if you are lying, as if you were a suspect in
a crimewhich in this case is the scandalous act of seeking employment.
Companies make the issue that drug use affects businesses throughout the land, and this
is very true. But the most rampant problem is alcohol, and most drug tests are blind to
alcohol, which leaves the system fairly quickly, whereas cannibanoids stay in the system
for weeks. If the object were to catch all drugs of abuse, such a test would be of little
value to employers. But yet it is catching on across the country. Why? Because it detects
illegal drugs, not drugs of abuse. This makes it a political instrument, rather than one
of safety, and is exactly the reason why its legality is dubious and why one must
"volunteer" to take it. This is also why it can be challenged in court, and why
it should.
Human rights are theoretically universal, but rights only have value when they are
respected by those in authority. Otherwise rights become wishes. The Fourth Amendment may
sound great on paper, but when it fails to apply beyond the paper it was written on, we
are all in great trouble indeed.
John C