In recent years, increasing numbers of employers have implemented drug testing programs either voluntarily or as required by law.
Legal issues can imperil an employer's drug testing program.
Introduction to Legal Issues Federal and State Constitutional Issues . Both the Hawaii and the U.S. Constitution protect people against unreasonable searches, and generally bar government from conducting a search without individualized suspicion. A drug test is a search. The Hawaii Constitution also recognizes the right of the people to privacy. Neither the U.S. Supreme Court nor any Hawaii court has yet addressed the issue of drug testing in the private sector.