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Railway Labor Executives Association, 489 U.S. 602 (1989), was the U.S. Supreme Court case that paved the way for random drug testing of public employees in "safety sensitive" positions. Background [ edit ]
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Executive Order 12564 was signed by President Ronald Reagan on September 15, 1986. Executive Order 12564, signed on September 15, 1986 by U.S. President Ronald Reagan, was an executive order intended to prevent federal employees from using illegal drugs and require that government agencies initiate drug testing on their employees.
The Equal Employment Opportunity Commission, a federal agency that investigates workplace discrimination, receives an average of 83,250 complaints per year — including 959 per year in Wisconsin.
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National Treasury Employees Union v. Von Raab, 489 U.S. 656 (1989), was a United States Supreme Court case involving the Fourth Amendment and its implication on drug testing programs. The majority of the Court upheld the drug testing program in the United States Customs Service.
The Department of Transportation (DOT) has also stated in its Drug and Alcohol Testing Regulations that cannabis is not acceptable for any employee engaged in safety sensitive work. Currently, there are federal laws that give employers guidance and protection on how to ensure a drug free workplace despite the increase in cannabis use.
However, as discrimination against smokers in the workplace has become more widespread in recent years, [citation needed] several states [which?] have enacted such laws more recently. [ citation needed ] In states without smoker protection laws some employers have begun refusing to hire new employees who smoke. [ 1 ]