A federal judge in West Virginia on Monday (12/29/08) issued a preliminary injunction blocking the Kanahwa County School Board’s plan to randomly drug test nearly all public school employees.
The American Federation of Teachers-West Virginia and the ACLU had argued that the testing plan was unconstitutional. “Today’s order affirms the constitutional rights of our public servants,” said Adam Wolf, an attorney with the ACLU. “Random, suspicionless drug testing of teachers is unnecessary, ineffective and illegal. With today’s order, we hope that the School Board will finally reconsider its doomed policy and save the taxpayers any further expense.”
More background on the West Virginia policy is here.
If random suspicionless drug testing is illegal for teachers in WV, then why is it legal for any other employee, public or private? We're all private citizens just trying to make a living and don't even pretend that we have a choice about drug testing. What kind of choice is it if the only other option is resigning, especially in this crappy economy? I've never had to take a breathalyzer or pee test in my life. I'm not drunk behind the wheel and I'm not on probation. Why should I have to be treated like a criminal just to keep my pathetic little job when I haven't done anything to cause suspicion? They put a spin on the consititutionality of this by saying that it's done by a private employer so the whole idea of unreasonable search and seizure doesn't apply but how is this not violating my privacy rights?
Posted by: Molly S. | March 09, 2009 at 07:37 PM