1、CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Drug Testing Unemployment Compensation Applicants & the Fourth Amendment October 17, 2019 On October 4, 2019, the Department of Labor (DOL) published final regulations to guide states on how to design and
2、 implement drug testing programs in accordance with Section 303 of the Social Security Act. Congress amended Section 303 in 2012 to clarify that nothing in federal law prevents states from testing two groups of unemployment compensation (UC) applicants for illicit drug use: (1) those “terminated fro
3、m employment with their most recent employer (as defined under the State law) because of the unlawful use of controlled substances” (hereinafter referred to as the “previously terminated” group), and (2) those who are suited to work “in an occupation that regularly conducts drug testing” (hereinafte
4、r referred to as the “regularly tested occupation” group). State-implemented UC drug testing programs will likely evoke constitutional considerations under the Fourth Amendment, which protects against unreasonable government searches. This Sidebar begins with a general overview of the Fourth Amendme
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