Drug testing is a form of surveillance, albeit a technological one.
Nonetheless, it reports on a person's off-duty activities just as surely as if someone had been present and watching. Five years later, drug testing is being touted as a panacea for all workplace problems. Drug testing has overridden the Constitution. In these cases, the workers' constitutionally guaranteed right to privacy is outweighed by the government's interest in maintaining a drug-free workplace. However, because the Constitution only protects citizens from the government and not from private individuals or companies, private sector employees in comparable positions are not afforded these same guarantees.