Requiring job applicants to “pee in a cup” to test for drugs and randomly selecting current public employees to do the same is unconstitutional, attorneys for the American Civil Liberties Union said after filing a federal lawsuit to stop the practice ordered by Florida Gov. Rick Scott, the Miami Herald reports. In what is expected to be a series of lawsuits on recently passed legislation and gubernatorial edicts, the ACLU is seeking a suspension of a Scott order that requires all agencies to set up random drug testing protocols for existing workers and require new hires to submit to drug tests as a condition of their employment.
Scott has not only pushed the envelope over who can be tested, but has acted counter to multiple court rulings that require some probable cause or special circumstance before drug tests can be administered, said ACLU attorney Peter Walsh. “This is a case in which the office of the governor has ripped the envelope apart,” said Walsh. A Scott spokeswoman said Floridians overwhelmingly support drug testing for state workers. “There's an odd hypocrisy here,” said spokeswoman Amy Graham. “The ACLU supports all kinds of mandatory disclosures by public employees, but not the most important disclosure – whether or not they're fit to be in the workforce.”