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Melody just got out of law school and went to work at Big Law Firm. One...

Melody just got out of law school and went to work at Big Law Firm. One of her first assignments is to help a partner who just got reassigned to the employment law section of the firm. The partner asks her to provide information regarding the legality of drug testing. What four factors should Melody tell the partner are considered in determining whether drug testing will be deemed permissible in a particular situation?

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Ans: Whether drug testing will be deemed permissible in a particular situation depends on four factors: (1) the scope of the testing program, (2) whether the employer is a public or private employer, (3) any state constitutional guarantees of a right to privacy, and (4) any state statutes regulating drug testing

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