Yet because so few laws protect our privacy, the ACLU's campaign for privacy in the workplace is very important particularly in the private sector. The ACLU is working in the states to help enact legislation to protect workplace privacy rights. We have created a model statute regulating workplace drug testing. In 1996 the ACLU launched a public education campaign to help individuals across the nation become aware of the need for increased workplace privacy rights. An Endangered Right was featured on national television and at union meetings and other gatherings nationwide.
Much more work remains to be done.
These laws also require confirmation testing, lab certification and test result confidentiality. Only in California, Massachusetts and New Jersey have the highest courts ruled out some forms of drug testing on state constitutional or statutory grounds. The ACLU is now continuing our efforts to protect workplace privacy rights. You can help. Learn more about the issue.