Opinion No. Oag 55-87, (1987)

TOM LOFTUS, Chairman Assembly Organization Committee

You ask on behalf of the Committee on Assembly Organization whether the city of West Allis may lawfully require pre-employment drug testing of all prospective civil service employes. It is my opinion it is unlikely that an employer could justify testing of every prospective employe, but that each position must be separately analyzed using the relevant constitutional factors.

The fourth amendment to the United States Constitution and article 1, section 11, of the Wisconsin Constitution protect people against unreasonable searches and seizures.…