A recent lawsuit filed by the ACLU in Florida federal court recently challenged Florida Governor Rick Scott’s Executive Order mandating pre-employment and random drug testing for all Florida public-sector employees.
Matthew F. Nieman of the the Institute for a Drug-Free Workplace writes in a brief that despite the Executive Order’s express limitation to drug-testing, Howard Simon, executive director of the ACLU of Florida, was quoted by the AP in support of the suit, as stating “The analysis of urine also tells a lot more about you that is nobody's business,”including whether an employee is pregnant, or taking heart, diabetes, depression or other medications.
Nieman concludes, "The continuing misperception that an employment-related drug testing delves into pregnancy or diabetes is disappointing and confuses the pertinent issues. Nonetheless, private sector employees should note that a Fourth Amendment attack is applicable only to public-sector.
Matthew F. Nieman of the the Institute for a Drug-Free Workplace writes in a brief that despite the Executive Order’s express limitation to drug-testing, Howard Simon, executive director of the ACLU of Florida, was quoted by the AP in support of the suit, as stating “The analysis of urine also tells a lot more about you that is nobody's business,”including whether an employee is pregnant, or taking heart, diabetes, depression or other medications.
Nieman concludes, "The continuing misperception that an employment-related drug testing delves into pregnancy or diabetes is disappointing and confuses the pertinent issues. Nonetheless, private sector employees should note that a Fourth Amendment attack is applicable only to public-sector.