Question

An employer will not be found in violation of the Genetic Information Nondiscrimination Act (GINA) when it only asks about family medical history, and not specific information about the employee.

a. True

b. False

The Federal Drug-Free Workplace Act requires all federal contractors to drug test their employees.

a. True

b. False

The Fourth Amendment prohibits public employers from conducting random drug testing of its employees.

a. True

b. False

Answer 1

Question 1: An employer will not be found in violation of the Genetic Information Nondiscrimination Act (GINA) when it only asks about family medical history, and not specific information about the employee.

Answer: False

Explanation: Genetic Information Nondiscrimination Act (GINA), is been introduced in order to curb genetic discrimination. According to the act, employers are barred from asking about the family medical history or genetic information from the employee when hiring, firing or giving promotion. Hence, An employer will be found in violation of the Genetic Information Nondiscrimination Act (GINA) when they only asks about family medical history, and not specific information about the employee.

Question 2: The Federal Drug-Free Workplace Act requires all federal contractors to drug test their employees.

Answer: False

Explanation: The Federal Drug-Free Workplace Act doesn't require federal contactors to drug test their employees, the law only prohibits to use, manufacture, distribute or have in possession the controlled substances in order to maintain drug-free workplace. As been said, law also doesn't prohibit federal contractors from setting up strict rules and regulation in the organization to maintain a drug-free workplace.

Question 3: The Fourth Amendment prohibits public employers from conducting random drug testing of its employees.

Answer: False

Explanation: According to the fourth amendment, the drug testing may be carried out by a public employer if it is conducted in accordance with the warrant or when there is a reasonable suspicion or special needs. The fourth amendment law only prohibits unreasonable searches and seizures, but the search and seizures can be carried out after procuring a warrant against an individual.

Note: Third question is bit tricky. According to the Fourth Amendment, a warrant or a special needs is required in order to conduct random drug test. Example: People working in rail, highway or transportation, etc. Hence, Fourth Amendment does not fully prohibits random drug testing.