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In reply to the discussion: Maine Democrat submits bill to drug-test welfare recipients [View all]Comrade Grumpy
(13,184 posts)The federal courts consider a drug test a search under the Fourth. That means there needs to be a search warrant or probable cause. The federal courts have carved out narrow "special needs" exceptions for public safety (pilots, truck drivers) and children (testing of student athletes and those involved in extracurricular activities).
The 11th Circuit Court of Appeals this week upheld a preliminary injunction blocking Florida's welfare drug testing law, ruling that it doesn't meet the "special needs" exception because there is no evidence people seeking welfare are any more likely to use drugs than anyone else.
Your employer can drug test you because the Constitution only protects you from the state, not from your boss. If you don't want to be drug tested at work, that's a labor organizing issue and contract negotiation issue. Talk to your union about it. Or talk to your boss on your own. Good luck with the latter.