U.S. ruling restricts random drug tests

[DoYouEverWonder]

December 16, 2004

TALLAHASSEE - The state Department of Juvenile Justice's random drug testing policy is unconstitutional, a federal judge ruled Wednesday.

Only public employees with jobs that affect safety, such as armed law enforcement officers or bus drivers, can be required to randomly submit to drug tests, U.S. District Judge Robert Hinkle ruled. For other employees, such as receptionists, such a policy is a violation of the Fourth Amendment of the U.S. Constitution, Hinkle said.

The ruling does not affect the private sector.

"The courts have upheld random drug testing for employees who carry guns or fly planes or are involved in other dangerous activities," said Rick Johnson, an attorney for the ACLU.

But he said "number crunchers," such as the Department of Juvenile Justice employee the ACLU represented in this case, do not do work that is safety-sensitive. "The Constitution does not allow them to be tested except on reasonable suspicion, not a random test," Johnson said.

http://www.sptimes.com/2004/12/16/State/US_ruling_restricts_r.shtml

[Sugarbleus]

1. Something needs to be done about the Private Sector drug

testing by employers. If someone is working as a doctor, pharmacist, or handling explosives (stuff like that), I can get behind the drug testing. Otherwise, I think doing so for regular employess of any average company is an INVASION OF PRIVACY.

As long as a person can perform their work accordingly, does not come to work stoned, and hasn't ripped anyone off, there is NO reason to check into what people do on their OWN FREE TIME.

Just my opinion O8)