Suspicionless Drug Testing Challenged
Is suspicionless drug screening, or requiring a job applicant to pass a drug test as a condition of employment, a violation of constitutional rights?
Although pre-employment drug testing has become routine for private employers, the United States District Court for the Southern District of Florida has held in the past public sector employers were bound by constitutional principals in determining whether an applicant may be required to submit to drug testing. Suspiconless drug screening required by the government would be considered an unreasonable search that violates the Fourth Amendment of the United States Constitution, with an exception for safety-sensitive position where there is concrete danger of harm.
A Bynton Beach retiree is suing the Palm Beach County School Board because in order to obtain a position with the school board, she has to pass a pre-employment drug test. Would a teacher, substitute, or tutor for a school district fall into one of these exceptions?
Please read more by clicking here. "Drug testing for substitute teachers, aides, tutors, challenged." by Andrew Marra, Sonja | The Palm Beach Post
