就目前数据看，佛罗里达州公务员的毒品成瘾问题并不比其他任何地方更严重。而此法看上去是提高公务员、福利接受者和失业救济金领取者公信力的举措之一。
分析人士认为，毒品检测是一个容易赢得民意的政治问题，即便一些具体举措有违反美国宪法“不合理的搜查和抓捕”的嫌疑。而另一方面，工商业已经要求对劳动者进行随机的毒品检测。根据联邦物质滥用和精神健康服务局的统计数据，大概有1900万美国劳动者（占美国劳动者总数的15%）都有毒品或酒精成瘾问题。
1997年，美国最高法院否决了佐治亚州要求对民选官员候选人进行毒品检测的立法。法官金斯伯格认为，问题在于佐治亚州声称没有证据支持州级民选官的毒品问题，所以对候选人的毒品检测就损害了个人隐私，违反了美国宪法第四修正案。这一理由被认为是佛罗里达州此次毒品检测法案没有将民选官员纳入其中的原因。
不过也有支持者认为，按照该法，第一次检测阳性的公务员并不会接受惩罚，而是会被要求接受治疗。同时，毒品检测结果只有一个非执法官小组掌握，对其他任何人都是保密的，以确保对个人生活的影响最小化。
Drug testing: Florida aims to be first to test public workers
New Florida drug-testing law allows agency heads to randomly test public workers for illegal drugs, prescription drugs, and alcohol. But it exempts the governor and state legislators.
By Patrik Jonsson, Staff writer / March 19, 2012
Florida, which already tests welfare recipients for drug and alcohol abuse, is poised to extend drug testing to state public employees – a first-in-the-nation move that lawmakers from other states may copy, even as labor unions, civil libertarians, and small-government advocates rail against it.
Under the law, which cleared the Legislature March 9, agency heads are allowed (but not required) to randomly test up to 10 percent of their workforce for illegal drugs, prescription drugs, and alcohol, every three months. Elected officials are exempt.
The Republican-backed measure is intended, supporters say, to be a net benefit in that it gives workers who have drug problems a way to get clean, while at the same time protecting the broader citizenry from impaired public servants.
State workers in Florida are not known to have greater substance abuse problems than workers elsewhere. Rather, the new drug-testing law seems to be part of a trend to raise accountability for a wide range of people who are receiving taxpayer dollars – be they public employees, welfare recipients, or jobless people collecting unemployment benefits.
Drug testing is a winning political issue, even if some measures may be straining the USConstitution's protection against "unreasonable search and seizure," analysts say.
"People are always in favor of locking up miscreants, and, despite our constitutional legal traditions, there's always a lot to be reaped from the argument that if you haven't done anything wrong, you don't have anything to worry about," says Colin Gordon, a labor historian at theUniversity of Iowa in Iowa City. "But it's always surprising to me," he adds, "how little weight the civil liberties argument has – an implication that has become exaggerated in the war-on-terror era, and which says we can and should suspend liberties for people who don't deserve them."
South Carolina Gov. Nikki Haley, a tea party favorite, is among Republican officials pushing for mandatory drug testing for welfare recipients. Indeed, while Florida is the only state to require drug tests for people on welfare, such legislation has been introduced in more than half the states. A February Quinnipiac Poll of Virginia voters, for example, showed such legislation has public support, with 3 in 4 respondents favoring drug tests for people who receive cash assistance from the state.
No state yet requires those collecting unemployment to undergo drug testing, but Arizona,Oklahoma, Georgia, and Utah are among those considering it. The US Department of Labor, as instructed by Congress in December, now allows states to require drugs tests for unemployment recipients whose job search is confined to industries that already require drug testing, such as aviation.
The various drug-testing proposals are all of a piece, says lawyer George Wentworth at the pro-labor National Employment Law Project, in New York. "This is symptomatic of what happens in a bad economy, where just as unemployed workers are being misrepresented as living on the dole, state employees are also frequently the target of politicians who want a convenient target," he says.
On the other hand, private industry already does random drug testing of employees, and why should public employees live by a different code? ask supporters of Florida's measure, which Gov. Rick Scott(R) says he will sign. Some 19 million American workers – about 15 percent of the workforce – have drug or alcohol problems, according to the federal Substance Abuse and Mental Health Services Administration.
Legal hurdles loom for both of Florida's new drug-testing laws. A chief issue is whether individuals can be tested in the absence of any evidence or suspicion of drug use. "I haven't been running across drug-addled employees who are unable to do their jobs," quips state Sen. Joe Negron, the lone Republican to vote against drug tests for state workers.
In a 1997 US Supreme Court case testing Georgia's effort to require drug tests for candidates running for office, the court said no. The problem, wrote Justice Ruth Bader Ginsburg, is that "Georgia asserts no evidence of a drug problem among the state's elected officials. However well meant, the candidate drug test ... diminishes personal privacy for a symbol's sake. The Fourth Amendment shields society against that state action."
That may explain why the Florida measure exempts elected officials from drug tests. But courts' interpretation is evolving as to what constitutes a "reasonable" search or seizure, and Florida Republicans are aiming for what they hope will be a sweet spot.
The law, which does not make a first-time positive test a firing offense, frames the issue as extending a helping hand and not as a punishment, supporters say.
"Drug-testing programs that require results to be kept confidential to all but a small group of non-law enforcement officials and that only minimally impact an individual's life are more likely to be considered reasonable," states a constitutional assessment of the new "suspicion-less" drug-testing proposals, written by David Carpenter, a Congressional Research Service lawyer.
舒 文 明 William Schue
希夷文化与社会发展事务所
XiYi Institute of Cultural and Social Development
WP博客：https://xiyiinstitute.wordpress.com/
--
新浪微博 @艾博法律热线 （AIBO Law Hotline）：
15501137876 ――受艾滋病影响人群就业、就医和隐私权保护法律咨询专线
18639228639 ――性工作者药物依赖者法律咨询专线
15037186255――受艾滋病影响人群婚姻家庭和生命财产安全咨询专线
新浪微博： @艾滋病工作者常坤
-~----------~----~----~----~-
"China AIDS Group中国艾滋病网络"
A：论坛发帖，请发电子邮件到 chinaaidsgroup@googlegroups.com
B：退订此论坛，请发邮件至 chinaaidsgroup-unsubscribe@googlegroups.com
C：既往内容汇总查询：http://chinaaidsgroup.blogspot.com
D：Contact: Chang Kun 13349108944 changkun2010@gmail.com
★ 发送在本邮件组的所有内容信息，将被《青年与艾滋病》《社会工作与艾滋病》刊物自由采用，
★ 凡是挑�、��、非理性、�於情�性、胡�批�和�意�之言�，或是匿名人士之言�，以及所�表意�出�有不雅、粗鄙之文字等，本�件��不予以�示！
没有评论:
发表评论