Thread: ACLU: Drug testing policy illegal

ACLU: Drug testing policy illegal

By DIANE WETZEL
Published: Tuesday, July 21, 2009 4:14 AM CDT


ACLU Nebraska has given the North Platte Housing Authority formal warning - their current drug testing policy is unconstitutional and if continued could result in the board being sued as a group and individually.

When the board voted to fire executive director Deb Morgan in May, one reason they cited was Morgan's failure to implement the drug testing policy in a timely manner.

The policy approved by the board requires Housing Authority employees to submit to a drug test before beginning employment and as part of a random drug testing policy. Under the policy, new employees would be required to provide hair samples for testing, and then submit to random urine testing.

"North Platte's drug testing policy is illegal and unenforceable," said ACLU Nebraska legal director Amy Miller. "Requiring government employees to produce a urine sample in the presence of a stranger is the most extreme example of invasion of privacy."

Miller went on to say that any method of drug testing is invasive.


"It can tell whether the employee is pregnant, diabetic, taking legal prescription medication and many other private details," Miller said. "For that reason, the Supreme Court has definitively said that drug testing can only be done in narrowly defined circumstances. North Platte's policy does not meet the legal standard and is flat out unconstitutional."

In a letter to the board, Miller pointed out that the job duties of Housing employees do not meet the legal test for when an employee may use random or pre-employment drug testing.

"Pre-employment drug testing and random drug testing must cease immediately," she wrote.

If ACLU Nebraska learns that drug testing is proceeding, they will contact every affected employee in order to evaluate whether they wish to file a civil lawsuit, Miller wrote.

"Such a lawsuit, if filed, would be brought against each board member in their official and individual capacity," she wrote.

The Supreme Court has held that drug testing of government employees constitutes a search and is subject to the reasonableness requirement of the Fourth Amendment, Miller said.

"The Court has allowed drug testing of government employees under only two circumstances," Miller told the board. "Only when there is individualized suspicion of drug use and when employees are randomly tested based on a special need."

Suspicion of individual drug use should be based on "reasonable, articulable grounds to suspect an employee of illegal drug involvement," Miller said, citing Ford v. Dowd. Drug testing on special need has only been allowed when employees occupy "safety sensitive positions, according to Skinner v. Ry. Labor Executives Association. Safety sensitive positions include railway workers, federal agents working in drug interdiction and federal agents required to carry firearms.

At an NPHA special meeting Monday night, chairman Ed Rieker said he had no comment on ACLU Nebraska's decision.

"I cannot comment until we have consulted with legal counsel," Rieker said. "We are in the process of hiring legal counsel."

The search for Morgan's replacement was stalled when their first choice for the job declined to accept their offer. Blue Hill Public Housing director Rita Grigg had applied for the position.

"We offered her the position," Rieker said. "She declined after reevaluation."

During the special meeting, the board selected four more applicants for interviews. Those interviews will take place during a special meeting on Wednesday, July 22, at 2 p.m. Two of the candidates are local, Rieker said, adding that those interviews would take place in executive session.

"These applicants are currently employed," Rieker said. "It's not fair to expose them and we don't want to put them in a position that might compromise their jobs."

A public portion of the meeting to interview one candidate from Colorado and another from Stillwater, Okla. will begin at 4 p.m. via telephone conference.

Click on this story at nptelegraph.com to post your comments,or e-mail diane.wetzel@nptelegraph.com.



http://www.nptelegraph.com/articles/200 ... 003636.txt

ACLU: Drug testing policy illegal

By DIANE WETZEL
Published: Tuesday, July 21, 2009 4:14 AM CDT


ACLU Nebraska has given the North Platte Housing Authority formal warning - their current drug testing policy is unconstitutional and if continued could result in the board being sued as a group and individually.

When the board voted to fire executive director Deb Morgan in May, one reason they cited was Morgan's failure to implement the drug testing policy in a timely manner.

The policy approved by the board requires Housing Authority employees to submit to a drug test before beginning employment and as part of a random drug testing policy. Under the policy, new employees would be required to provide hair samples for testing, and then submit to random urine testing.

"North Platte's drug testing policy is illegal and unenforceable," said ACLU Nebraska legal director Amy Miller. "Requiring government employees to produce a urine sample in the presence of a stranger is the most extreme example of invasion of privacy."

Miller went on to say that any method of drug testing is invasive.


"It can tell whether the employee is pregnant, diabetic, taking legal prescription medication and many other private details," Miller said. "For that reason, the Supreme Court has definitively said that drug testing can only be done in narrowly defined circumstances. North Platte's policy does not meet the legal standard and is flat out unconstitutional."

In a letter to the board, Miller pointed out that the job duties of Housing employees do not meet the legal test for when an employee may use random or pre-employment drug testing.

"Pre-employment drug testing and random drug testing must cease immediately," she wrote.

If ACLU Nebraska learns that drug testing is proceeding, they will contact every affected employee in order to evaluate whether they wish to file a civil lawsuit, Miller wrote.

"Such a lawsuit, if filed, would be brought against each board member in their official and individual capacity," she wrote.

The Supreme Court has held that drug testing of government employees constitutes a search and is subject to the reasonableness requirement of the Fourth Amendment, Miller said.

"The Court has allowed drug testing of government employees under only two circumstances," Miller told the board. "Only when there is individualized suspicion of drug use and when employees are randomly tested based on a special need."

Suspicion of individual drug use should be based on "reasonable, articulable grounds to suspect an employee of illegal drug involvement," Miller said, citing Ford v. Dowd. Drug testing on special need has only been allowed when employees occupy "safety sensitive positions, according to Skinner v. Ry. Labor Executives Association. Safety sensitive positions include railway workers, federal agents working in drug interdiction and federal agents required to carry firearms.

At an NPHA special meeting Monday night, chairman Ed Rieker said he had no comment on ACLU Nebraska's decision.

"I cannot comment until we have consulted with legal counsel," Rieker said. "We are in the process of hiring legal counsel."

The search for Morgan's replacement was stalled when their first choice for the job declined to accept their offer. Blue Hill Public Housing director Rita Grigg had applied for the position.

"We offered her the position," Rieker said. "She declined after reevaluation."

During the special meeting, the board selected four more applicants for interviews. Those interviews will take place during a special meeting on Wednesday, July 22, at 2 p.m. Two of the candidates are local, Rieker said, adding that those interviews would take place in executive session.

"These applicants are currently employed," Rieker said. "It's not fair to expose them and we don't want to put them in a position that might compromise their jobs."

A public portion of the meeting to interview one candidate from Colorado and another from Stillwater, Okla. will begin at 4 p.m. via telephone conference.

Click on this story at nptelegraph.com to post your comments,or e-mail diane.wetzel@nptelegraph.com.



http://www.nptelegraph.com/articles/200 ... 003636.txt

pre-employment drug tests are becoming the norm because no one wants to really hire someone thats going to come to work high on drugs.

ms amy miller is worried that urine samples will not be taken in private but since Im one that has had to take a few drug tests in my years, i have never had ANYONE in the bathroom when i pee'd into a cup

shes off base on this one

pre-employment drug tests are becoming the norm because no one wants to really hire someone thats going to come to work high on drugs.

ms amy miller is worried that urine samples will not be taken in private but since Im one that has had to take a few drug tests in my years, i have never had ANYONE in the bathroom when i pee'd into a cup

shes off base on this one