Judge mulls Rick Scott's order to drug test state workers Judge mulls Rick Scott's order to drug test state workers

6:52 PM, Feb. 22, 2012  |  

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Lawyers for Gov. Rick Scott contend that workers objecting to a drug test are free to quit and job applicants could choose to find employment elsewhere. / AP Photo/ J. Scott Applewhite

Written by

CURT ANDERSON, Associated Press Legal Affairs Writer

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MIAMI — A federal judge in Miami is hearing arguments on the constitutionality of Gov. Rick Scott’s executive order requiring drug testing for thousands of state workers.

A labor union representing governmentworkers and the American Civil Liberties Union say the order subjects some 85,000 workers to an unreasonable search that violates the Fourth Amendment. They say drug testing should only apply to certain safety and high-risk jobs.

Lawyers for the governor contend that workers objecting to a drug test are free to quit and job applicants could choose to find employment elsewhere.

U.S. District Judge Ursula Ungaro is hearing the case Wednesday. Scott suspended the order in June because of the lawsuit.

A separate lawsuit in Orlando federal court is challenging a Scott-backed law requiring drug testing of welfare recipients.