Governor Scott’s executive order to drug test state employees ruled out

Governor Rick ScottLast year Governor Rick Scott had ordered for all state employees to go through drug tests, even if they weren’t suspected of drug use. The new hires were included too. He said it was similar to the financial disclosure that applies to some employees.

Ursula Ungaro, the district judge called his reasoning obscure. She said his motives are hardly transparent. She strongly feels that it violates the Fourth Amendment of search and seizure protections of the US Constitution.

When asked about her decision she said “He offers no plausible rationale explaining why the fact that a state employee’s work product and financial status are publicly accessible leads to the conclusions that the employee’s expectation of privacy in his or her bodily functions and fluids are then diminished”.

But Governor Scott, who has previous experience in the health care field, has his own reasons. He still believes that it is common sense to drug test state employees. He thinks this will one of the ways to ensure that the country will have safe, efficient and productive workforce. He also said “That is why so many private employers drug-test, and why the public and Florida’s taxpayers overwhelmingly support this policy. I respectfully disagree with the court’s ruling and will pursue the case on appeal”.

One of the government’s workers unions along with American Civil Liberties Union challenged the order in court. They were against employees being subject to unreasonable searching without any actual adequate suspicion that they were involved in drug use.

Governor’s office attorneys say that there have been enough national studies done on this subject and that the studies point to data that will justify such an order.

Scott had suspended his order in June and when a lawsuit was filed against his order. But, he is not about to give up. He said that he will appeal Ungaro’s decision.

The workers union will not give in without a fight either. In 2010, only 46 of the 85,000 employees were tested for drug use. They mostly belonged to the Corrections and Juvenile Justice Departments. Among those, most were found drug free.

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