Applicability of Fourth Amendment (Private Employers) (Department of Justice, Office of Information Policy)

To Whom It May Concern:

Pursuant to the Freedom of Information Act and Privacy Act, 5 U.S.C. § 552. I hereby request the following records:

I request all records within the jurisdiction of the Department of Justice (DOJ) within the time frame of 2017 to 2023, to be the day on which this request is processed, and with respect to the following criteria:

1. Records that detail if or what manner the fourth amendment may apply in the context of a private employer compelling employees to submit to reasonable suspicion testing given the direct nexus of SAMHSA, when it is known that such private employer complies with the Drug-Free Workplace Act of 1988, if such records exist within the DOJ’s jurisdiction.

2. Records that detail the volume (ie, numerically) of civil rights complaints in the context of employment that fall outside of the scope of the EEOC.

3. Records that detail how the DOJ Civil Rights Division separates out potential civil rights violations in the context of employment if such civil rights violations fall outside the scope of the EEOC. Additionally, I request, if known to the DOJ, what agency is most appropriate if a civil rights violation occurs in the context of employment but falls outside of the scope of the EEOC.

4. Records that detail how a private employer could be considered a state actor, acting on behalf of the federal government, or acting under the direction of the federal government under the pretense of reasonable suspicion testing per the Drug-Free Workplace Act of 1988 and given the direct nexus to SAMHSA under such circumstances.

2. Records related to the handling of fictitious or materially false statements to federal government agencies made by private employers.

3. Records related to if or in what manner a private employer, if such private employer can be proven to be acting on behalf of the federal government, can conspire against rights (in oppressing an employee’s civil rights) and the distinction between a civil and criminal manner pertaining to conspiracy against rights, if any such record exists.

4.Records/documents that relate to a private employer and consequences, ramifications, or disciplinary actions to such private employer when intentionally abusing or defrauding the United States (ie, a Federal Government Agency) and in what manner it can be said to be so, according to the DOJ.

5. Records related to remedy available to employees when civil rights can be meaningfully construed to have been violated by a private employer, if such records exist.

6. The most appropriate agency for which an employee may seek remedy for civil rights violations by a private employer, if not the DOJ Civil Rights Division or DOJ Criminal Division, and if known to the DOJ.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

I would also appreciate an approximate time frame for this request to be processed. Depending on the time frame for the request to be fulfilled and any fees that may be incurred, I may revise the criteria.

If you deny any part of this request, please cite each specific exemption you think justifies your refusal to release the information and notify me of appeal procedures available under the law.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Bailey Pillon