In March 2011, Florida Governor Rick Scott signed an executive order that included a requirement that the

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In March 2011, Florida Governor Rick Scott signed an executive order that included a requirement that the state’s 85,000 state employees be subject to random drug testing. The text of the executive order explained that the testing is needed because “the State, as an employer, has an obligation to maintain discipline, health, and safety in the workplace.” The risks and costs of illegal drug use by state employees is too great a burden in light of the daily interaction of the public with state agencies, Governor Scott’s order reasoned. Prior to the law coming into effect, the union representing the majority of the affected state employees (AFSCME Council 79) filed suit. The lawsuit charged that the drug-testing policy introduced by Governor Scott violates the Fourth Amendment. The union argued that to subject an employee to drug-testing at random intervals, regardless of whether that employee is suspected of drug use or holds a safety-sensitive position, is subjecting that employee to an unreasonable search. Is the random drug-testing of all state employees, as mandated by Governor Scott’s executive order, constitutional? [AFSCME Council 79 v. Scott, 11th Cir. No. 12-12908 (2013).]

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Employment Law for Business

ISBN: 978-1138744929

8th edition

Authors: Dawn D. Bennett Alexander, Laura P. Hartman

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