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Federal Privacy ActBecause of our general aversion to governmental interference inpersonal rights, the privacy of government employees is often givengreater emphasis than the privacy of employees in the private sector.For instance, the Federal Privacy Act directly addresses the privacy ofgovernment employees. Under this act, government employees are giventhe right to restrict inspection of their employment files, be informed oftheir employment files, be informed of the contents of those files, andfix any mistake that they might find in those files.Drug-Free Workplace ActThe Drug-Free Workplace Act, which applies to companies that havecontracts with the federal government, aims to create a drug-free workenvironment. Under the act, firms must initiate a plan to make sure thatemployees do not use drugs on the job. The statute does not, however,order companies to include drug testing in their plans. If a drug test isperformed improperly, it can violate the Fourth Amendment to theUnited States Constitution, which prohibits unreasonable search andseizure.The Supreme Court has provided a guideline for such a situation.The Court has held that, when drug tests do not involve criminal activity,the employee’s privacy rights must be balanced with the government’sduty to protect the public.AffirmativeActionEmployers that havediscriminated in thepast are often requiredby the courts to submitan affirmative actionplan. Such plans arealso frequently requiredof firms that contractwith the government,and many privatecompanies andinstitutions alsoimplement affirmativeaction plans. What arethe goals of these plans,and how do theyaddress the problemof unlawfuldiscrimination?Example 2. Rachel Goetz applied for a position as a securityguard for the Jackson Biological Product Company. All securityofficers for Jackson were required to carry firearms. Consequently,Goetz was obligated to undergo a drug test. In this case,Goetz should understand that the public’s need to be protectedfrom armed guards who might be under the influence of drugswould outweigh her right to privacy.Some states have passed statutes that regulate drug testing in theprivate sector. The guidelines often include making certain thatemployees or applicants are notified of the testing procedures. Companiesare also required to keep the results of such tests confidential. Theymust communicate the results to the employees or applicants and initiatea backup test when the initial test proves positive. Finally, they mustgive the applicant or employee a chance to challenge the test results.Employee Polygraph Protection ActAs with drug testing, polygraph or lie detector testing can violate theprivacy rights of employees. Congress passed the Employee PolygraphProtection Act to regulate such testing procedures. The act prohibitsChapter 21: Employment Protection and Equal Opportunity 459