is it against the 4th or 5th amendment to random drug test employees
No, under Texas and federal laws there is no regulation prohibiting the employer from drug testing employees. As long as the employer has a clear policy informing the employees of the testing, if the employee refuses, then the employer has a right to terminate the employee. The Supreme Court has upheld random drug testing over arguments of 4th and 5th Amendment protections. First, under the 5th Amendment, you are not giving testimony that incriminates yourself, the gathering of evidence is not self incrimination as held by the US Supreme Court. Second, under the 4th Amendment, the courts have stated that there is no expectation to privacy in the workplace and that the employer's right to a safe work environment outweighs any privacy rights you may have.
I hope you found my answer helpful, please click on the GREEN ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!
If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.
Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.
There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.