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Drug Testing Legal Question
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owlfan12000 Offline
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Post: #1
Drug Testing Legal Question
According to this article in the Miami Herald, http://www.miamiherald.com/2012/04/26/27...r-to.html, a federal judge has thrown out a Florida law that required random drug testing for all state workers and for all new hires. The article is pretty clear on the Supreme Court precedents. My question - why is it legal for private employers to require a drug test for all new employees but not for a state?
04-26-2012 04:35 PM
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texd Offline
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Post: #2
RE: Drug Testing Legal Question
IANAL, nor do I have any inside information re drug testing laws, but just a guess would be fact that a government performing drug tests on such a wide swath of people might represent an unreasonable search under the 4th amendment, whereas a private entity (not acting as agent of the govt) performing those same actions might not. Thus a private entity may have the ability to test all employees while a govt might need a specific reason (job type which could endanger self/others or probable cause).
(This post was last modified: 04-27-2012 10:18 AM by texd.)
04-27-2012 10:18 AM
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