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Posts Tagged ‘Workplace Drug Testing’

Federal Judge Rules Yet Another Florida Drug-Testing Program Unconstitutional

Friday, April 27th, 2012

Laura ClawsonWelfare applicants aren’t the only people the courts have forced the state of Florida to stop drug testing. A federal court ruled on Thursday that Gov. Rick Scott also doesn’t get to randomly drug test 80,000 state workers.

Judge Ungaro said Mr. Scott had overreached in his executive order because there was no evidence of a large-scale problem and no reason to mandate drug tests.The governor’s drug testing requirement “does not identify a concrete danger that must be addressed by suspicionless drug-testing of state employees,” Judge Ungaro wrote. “And the governor shows no evidence of a drug-use problem at the covered agencies.”

Scott plans to appeal. Not only that, Florida may face two more drug-testing lawsuits, one over another requirement in Scott’s executive order, calling for drug testing of applicants for state jobs, and one over a law passed last month and taking effect in July, “that allows all state workers to undergo random drug testing but does not make it a requirement.” Because obviously there would be no pressure to take a drug test that you were “allowed” but “not required” to take at work.

I fully expect that soon Rick Scott will be trying to “randomly” drug test everyone to cross the border into Florida, and using state money to fight off those lawsuits, too.

*Disclaimer: The opinions of this blog are those of the author and not those of Workplace Fairness.

This blog originally appeared in Daily Kos Labor on April 26, 2012. Reprinted with permission.

About the Author: Laura Clawson is labor editor at Daily Kos. She has a PhD in sociology from Princeton University and has taught at Dartmouth College. From 2008 to 2011, she was senior writer at Working America, the community affiliate of the AFL-CIO.

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