n April 10, Florida approved a bill that prevents employers from asking
workers if they carry guns in their cars, from searching employee vehicles, from
taking action against workers for possessing guns in locked vehicles, and from
conditioning employment on whether a job applicant holds a "concealed-carry" gun
permit. The Florida Retail Federation, the Florida Chamber of Commerce and other
business groups challenged the law, asserting that it was unconstitutional
because it violated the Occupational Safety and Health Act by endangering
workers and because it forced property owners to make their property available
for unsupported purposes. The business groups sought a preliminary injunction in
the U.S. District Court for the Northern District of Florida.
Denying in part and granting in part the preliminary injunction, the district
court refused to block the law’s provisions that limit an employer’s right to
ask an employee about the presence of a gun in his or her car at work, search
employee vehicles for guns, or condition employment on whether an applicant
holds a "concealed-carry" permit.
The district court found that the law was not an unconstitutional taking because
the law did not affect an employer’s right to continue to operate a business.
The only change created by the law was that "if a business chooses to provide
parking, the business may not keep guns from being secured in a vehicle."
Florida Retail Fed’n Inc. v. Attorney General of Fla., N.D. Fla., No.
4:08-CV-179-RH/WCS, preliminary injunction (7/28/08).
Impact:
Several states have laws that protect the right of individuals to
possess guns at work. In this case—at least in Florida—employers are advised to
follow an unofficial "don’t ask, don’t tell" policy concerning whether an
employee has a gun in a locked vehicle at work.
Workforce Management, September 8, 2008, p. 19
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