- Posted July 8, 2012 by
Avon Park, Florida
This iReport is part of an assignment:
Is Obama's health care law constitutional?
Drug free workplace unconstitutionality in Florida Due to Obamacare
"While the constitutional right to privacy and protection from illegal search prevents an employer from specifically targeting or profiling employees, some high risk occupations require drug testing as part of a rigorous safety protocol."
Florida drug free policy states that:
"If you implement a drug-free workplace program and become carrier certified, you are eligible for a 5 percent credit to your workers' compensation insurance premium."
They key element is workplace program. It is unconstitutional to implement a drug test as a pre-employment criterion. The question of law now stands on the issue as to illegal searches into pre-employment history, which has nothing to do with the intent of this law.
The problem here is that workers compensation is an insurance program and the policy clearly states we are searching for pre-existing conditions by doing a pre-employment drug screening. Now understand this is a benefit for having a drug free workplace and part of the policy is pre-screening.
It clearly states that:
"If an employee or job applicant refuses to submit to a drug test, the employer may discharge or discipline the employee or refuse to hire the job applicant."
This is clear that the government is sanctioning discrimination against pre-existing conditions on the level of job/employee selection and insurance polices. These practices have been struck down by Supreme Court thanks to Obamacare.
Rev. Frank Paul Jones