Tom works at Martin Marietta, Inc. as an engineer. The company decides to institute a drug testing policy. Tom is a good and longtime employee, but he enjoys various "recreational" drugs on the weekends. The drug testing will certainly determine that Tom uses drugs. The company is based in a state that does not allow for the recreational use of marijuana and the company has a zero$-$tolerance policy for any illegal drug use among its employees. Tom wants to go to court to challenge the policy as an unreasonable search and seizure. Under what constitutional amendment$($s$)$ is Tom claiming his rights are being violated? Does Tom have a cause of action against his employer for a violation of his constitutional rights$-$ explain your response?

Question $21$ options: