“While I’ll argue the point that no one, not even your employer has any right to intrude on your privacy enough to determine what you do on YOUR time, I’ll also argue they have EVERY right to determine whether or not your fit to do the job they hired you for.”
I’m retired from railroad service (32 years).
Federal regulations for enginemen and trainmen prohibit (banned) drug usage on or OFF duty.
Employees were subject to random testing and would be removed from service if they tested positive.
These regulations were upheld by the Supreme Court of The United States. I believe they also apply to airline employees (pilots, mechanics, etc.). Very few have the gumption to even bother challenging them — the tests are all-but unbeatable.
And their Constitutional jurisdiction for this is what, exactly?
Other than they SAY they can, of course.