In 1972, the California Constitution was amended by the voter initiative and specifically added a right to privacy for all Californians – making it the only state to have such constitutional protection. In 1994, the California Supreme Court concluded that the reasonableness of workplace drug testing must be balanced between the employer’s legitimate interests and the intrusion on the reasonable expectation of the employees. In other words, reasonable suspicion testing is legal provided facts support the decision to test.

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