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Drug Testing of Professional Athletes

and most important, the constitutional prohibition against ôunreasonable search,ö which drug testing is, only applies to state actors. Thus, neither the federal government nor the state governments can conduct random drug testing of pro athletes, or anyone else for that matter. However, private employers can test their employees for drugs. Many parts of federal law do apply to private actors, such as Title VIIÆs ban on discrimination by employers. In the case of drug testing, though, neither Congress nor the U.S. Supreme Court have extended any protection for those employed by private entities. Besides, pro athletes are represented by unions, so even if Congress did place limits on private drug testing, such rules probably would not apply in the collective bargaining context.

Some states have broader protections for individuals. CaliforniaÆs constitution, for example, includes a specific provision guaranteeing the right of privacy, and that right is guaranteed against all actors (state or private). Nonetheless, California permits employers to test prospective employees for drugs during the hiring process (after hiring, the employer may only test if it has a reasonable suspicion). Moreover, when it comes to collective bargaining and sports, the primacy of federal law trumps that provision of California law, so pro athletes would find no recourse in that privacy right. To date, no athlete has challenged a pro leagueÆs testing program based on state law. The point would be moot anyway because the athlete would inevitably leave the state, and then the league could test him there.

The history of drug testing in professional sports reflects the ambivalence of the leagues. In the National Football League (NFL), for example, several retired players have said that drug use not only was condoned, it was encouraged. An ex-player from the 1960s and 1970s alleged that the

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Drug Testing of Professional Athletes. (1969, December 31). In LotsofEssays.com. Retrieved 05:53, March 29, 2024, from https://www.lotsofessays.com/viewpaper/1712877.html