Seth DiStefano with the ACLU challenged the policy with the commission at its regular meeting Tuesday.

As of earlier this month, all Raleigh County employees are subject to drug testing.

DiStefano says the policy could unfairly test applicants who are qualified for county positions.

He provided possible scenarios to the commission.

"Someone may have a problem with having their urine inspected to have a job and will so no and upon them saying no and exercising their fourth amendment right will be denied a job immediately and I think the county could run into problems with that in the future," said DiStefano.

The Fourth Amendment protects people from unreasonable and unwarranted search and seizure.

The Raleigh County Commission stood by the new drug testing policy.

There is no litigation pending against the county regarding its drug testing program.