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ACLU Urges Department of Juvenile Justice to Reconsider Random
Drug Testing of Employees
Drug Testing of Employees
April 5, 2002
MIAMI ? Saying random workplace drug testing without any suspicion of drug use is an unconstitutional invasion of employee privacy, the American Civil Liberties Union (ACLU) of Florida today urged the Department of Juvenile Justice to revise its newly-implemented policy of randomly drug testing all of its nearly 5,0000 employees.
In a letter sent today to W.G. "Bill" Bankhead, Secretary of the Department of Juvenile Justice, ACLU of Florida Executive Director Howard Simon and Legal Director Randall Marshall outlined ACLU concerns with the new policy of drug testing, citing clearly-held court decisions that prohibit across-the-board testing of employees who are not in "safety-sensitive" positions.
According to the policy, which was implemented last week, thirty employees a month will be notified they must take a drug test. Once they receive the notice, they will have 24 hours to take the test.
"We urge the Department to immediately revise its drug testing policy to conform with the U.S. Constitution and case law in which the courts have drawn a line between the desire of employers to maintain a drug-free workplace and the obligation of employers to respect the privacy, dignity and constitutional rights of employees," the ACLU said in the two-page letter co-signed by Simon and Marshall.
The ACLU also noted it is "prepared to represent any DJJ employee, or applicant for employment, whose constitutional rights are being abridged by the new DJJ policy."
The Supreme Court has permitted drug testing of government employees in limited circumstances "where risk to public safety is substantial and real" or where "public safety is genuinely in jeopardy." In the case of DJJ, "safety-sensitive" positions would include employees who work with juveniles or carry guns ? youth custody officers or certified law enforcement officers for example.
In 1999, the ACLU of Florida successfully challenged a policy in the City of Hollywood that tested applicants as a condition of employment. The case, Baron v. City of Hollywood, was filed on behalf of Thomas Baron, an accountant who had been working as a temporary employee for the city. U.S. District Court Judge Kenneth L. Ryskamp struck down the city's Drug and Alcohol Abuse Policy in April 2000, citing the policy's invasive and overbroad provisions as violations of the Fourth and Fourteenth Amendments.
Click here to read the full text of the letter to W.G. Bankhead
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