AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies
Back to list of subjects Back to Legal Publications Menu
Drug Screening and Specimen Testing
A man resigned from his job with a city housing authority after he failed a drug test (testing positive for opiates/morphine) and his employer sought documentation of the prescription medications he was using, as well as a clearance letter from his healthcare professionals addressing the issue. He sued the employer and his supervisor, claiming violation of constitutional rights, disability discrimination, and retaliation. A federal appeals court upheld summary judgment for the defendants. It ruled that by not including in his EEOC charge the adverse acts which he argued forced him to resign, the plaintiff failed to administratively exhaust his constructive discharge allegation. He was also found to have failed to establish a prima facie case of disability discrimination. He failed to show that he suffered an adverse employment action because he was suspended before his employer had any reason to suspect that he might be disabled. The fact that the supervisor knew the employee was taking hydrocodone by itself was not enough evidence to infer that the supervisor regarded the employee as disabled as that term was defined in the Amer4icans with Disabilities Act (ADA). The plaintiff also failed to show that he possessed a property interest in his employment under Arkansas law in order to prevail on his procedural due process claim. Voss v. Housing Authority of the City of Magnolia, #17-1650, 2019 U.S. App. Lexis 5409 (8th Cir.).
After a positive drug test showing marijuana usage, the Department of Homeland Security (DHS) removed an employee from a job as an information technology specialist for U.S. Customs and Border Protection. The employee had previously submitted a letter to the agency, after failing the test, in which he asserted that he had “unknowingly” eaten pot brownies brought by a friend-of-a-friend’s neighbor, a stranger to him, to a barbeque. The Merit Systems Protection Board upheld the dismissal. In his appeal, the employee argued that the Board improperly gave him the burden of proving that he inadvertently ingested marijuana, that it erred in finding his position was subject to random drug testing, and that even if it was subject to testing, he lacked required notice of that fact. A federal appeals court rejected these arguments, finding that intent was not an element of the charged conduct and that the Board properly required him to introduce rebuttal evidence to counter the government’s showing of nexus and choice of penalty. Substantial evidence also supported the finding that the position was designated for random drug testing. Hansen v. Department of Homeland Security, #17-2584, 2018 U.S. App. Lexis 36644 (Fed. Cir.).
A lieutenant at a county juvenile detention center was fired for testing positive for cocaine during a random drug test. In a lawsuit against the county, he and a number of his co-workers claimed that the drug test was an illegal search violative of the Fourth and Fourteenth Amendments, as well as breaching their employment contracts. A federal appeals court upheld summary judgment for the defendants, ruling that the drug testing furthered the county’s interest in ensuring the welfare and safety of the detained juveniles, and did not violate any of the plaintiffs’ rights. Their expectation of privacy was diminished as correctional employees and the drug test was minimally invasive, Their Fourteenth Amendment procedural due process claim based on deprivation of property failed because the sheriff's practices and the county's personnel policies did not show that they had a protected property interest in continued employment. Washington v. Unified Gov't of Wyandotte Co., #15-3181. 847 F.3d 1192 (10th Cir. 2017).
A police department’s use of a hair drug test with a disparate
impact on black officer’s was proper, as the test was accurate in the vast
majority of cases, even if not 100 percent reliable. Use of the test was
consistent with the important business need for a drug-abstaining police.
However, a disputed material dispute of fact barred summary judgment for the defendant city. The officers
presented sufficient evidence of an alternative test using the hair drug test
in addition to a urinalysis regimen for those who tested positive under the
hair drug test, but factual issues remained concerning whether the department,
by continuing to administer the challenged hair test, necessarily refused to
adopt the alternative made available to it. Jones v. City of Boston, #15-2015, 2016 U.S. App. Lexis 23354 (1st Cir.)..
Ten African-Americans
presented evidence sufficient from which to conclude that a Boston Police
Department drug testing program, using hair samples, resulted in a disparate
impact on the basis of race. The plaintiffs include a former cadet and former
officers who were fired after testing positive for cocaine, a current officer
who tested positive and underwent rehabilitation as an alternative to
termination, and a former applicant whose contingent job offer was revoked
after a positive test. Further proceedings will examine whether the test used
is reliable or whether it results in too many false positives among
African-American test subjects. Also to be examined is whether the drug testing
program is job-related and consistent with business necessity. A summary
judgment for the defendants on a Title VII race discrimination claim was vacated,
and the denial of the plaintiff's motion for partial summary judgment on the
prima facie case of disparate impact was reversed. Jones v. City of Boston,
#12-2280, 2014 U.S. App. Lexis 8560 (1st Cir.).
Six City of Boston police officers fired for
testing positive for cocaine have been ordered reinstated with back pay by the
Massachusetts Civil Service Commission which held that “the present state of
hair testing for drugs of abuse ... does not meet the standard of reliability
necessary to be routinely used” to terminate a public employee. In Re: Boston
Police Depart. Drug Testing Appeals, #D-01-1409, Massachusetts Civil Service
Commission (March 2013).
An employee at a state juvenile detention
facility suffered an injury to his neck and right shoulder at work while
subduing a combative juvenile detainee. A post accident drug test and a
follow-up test the next day both were positive for marijuana and he was denied
workers' compensation benefits for the injury under a statute that bars them
for injured employees impaired by drugs. The Oklahoma Supreme Court reversed,
rejecting the argument that the law created an irrebuttable presumption of
impairment barring benefits based on a positive drug test. It found that the
employee had overcome a rebuttable presumption that he was ineligible for
benefits. There was not any evidence that any marijuana in his system was a
"major cause" of his injury, or that he was drug impaired at the time
of the injury. Hogg v. Oklahoma Cty. Juvenile Bureau, #110890, 2012 OK 107,
2012 Okla. Lexis 115.
An employee of a private company was fired for
testing positive for marijuana on a drug test. He sued for wrongful
termination, and claimed that the fact that he was a legal registered user of
medical marijuana under state law barred the employer from firing him for its
use. The appeals court held that the state law provided no protection to the
employee against termination for drug use. The statute did not purport to
regulate private employment actions, and, if the legislature intended any such
broad extension of employee rights against termination for the use of
marijuana, illegal under federal law, and illegal under state law too, except
for permitted medical purposes, it would have expressly enacted it. Casias v.
Wal-Mart, #11-1227, 2012 U.S. App. Lexis 19634, 2012 Fed. App. 0343P (6th
Cir.).
A federal judge enjoined as unconstitutional the
Florida governor's order requiring random drug testing for up to 85,000 state
employees. She found that the policy failed to specify the required public
interests that would justify the invasion of privacy involved. The order
characterized the testing as a violation of state employee's Fourth Amendment
rights. "In the present case, the court searches in vain for any similarly
compelling need for testing. The [executive order] does not identify a concrete
danger that must be addressed by suspicion-less drug-testing of state
employees, and the governor shows no evidence of a drug use problem at the
covered agencies." The ruling did not address the issue of drug screening
for applicants for state jobs, also mandated by the governor's order. The
governor has stated that he will appeal the ruling. American Federation of
State, County and Municipal Employees Council 79 v. Scott, #1:11-cv-21976 (S.D.
Fla., April 27, 2012).
Officials at a correctional training facility
were entitled to qualified immunity in a civil rights lawsuit by employees
subjected to screening with a portable ion scanner as they entered the
building, and then to a body cavity search if this resulted in a positive alert
for drugs. No clearly established federal law gave notice that attempting to
keep contraband out of a correctional building with these methods was illegal.
Braun v. Maynard, #10-1401, 2011 U.S. App. Lexis 14940 (4th Cir.).
In rejecting petitioner's claim that he
ingested marijuana unknowingly, the NYPD Commissioner relied on scientific
evidence that inadvertently ingesting marijuana in contaminated food and
inhaling secondhand smoke could not cause the high levels of marijuana in
appellant's hair samples. The court also rejected a claim that using the
radioimmunoassay method of hair testing violated the Fourth Amendment because
the use of that method was not authorized by the collective bargaining
agreement with the union. Chiofalo v. Kelly, #1151 (115958/07), 2010 NY Slip Op
00785, 70 AD 3d 423, 893 N.Y.S.2d 552; 2010 N.Y. App. Div. Lexis 735
A police officer who was accused of drug trafficking
was subjected to a hair analysis for illicit drugs and he tested positive for
heroin, using gas chromatography-mass spectrometry. Hair samples from eleven
other police officers in the same unit were obtained, and those tested
negative. The comparative tests demonstrate that passive contamination does not
occur for persons dealing regularly with drugs, using minimal caution and
hygiene, and that the measured concentrations in the accused officer was due to
drug abuse. Heroin markers in hair of a narcotic police officer: Active or
passive exposure? 196 (1) Forensic Science International 128-129 (20 Mar.
2010).
New York's highest court holds that management
does not have to bargain a change from urine testing to radioimmunoassay hair
testing for the drug screening of uniformed officers. City of New York v.
Patrolmen's Benev. Assn., #205, 2009 NY Slip Op 9314, 2009 N.Y. Lexis 4486.
Arbitrator upholds the termination of a nurse who
refused a drug test. Agreeing to take the test one day later is not a defense.
St. Vincent Mercy Medical Center and UAW Nurse Unit L-12, FMCS Case
#080918/59508-8, 126 LA (BNA) 1029 (Cohen, 2009).
Noting that
"extreme mood swings, manic-like symptoms leading to violence and
depression may result from abuse of anabolic steroids," the EEOC Office of
Legal Counsel wrote that the ADA permits a POST authority to detect whether
peace officers are using androgenic anabolic steroids, and to deny, revoke,
suspend, or cancel a peace officer's certified status for a failure to notify
the agency appointing authority, within 72 hours of initial use. However, the
interpretation applies only to "peace officers in positions affecting
public safety (as opposed to individuals designated as peace officers but who
perform only administrative duties)." EEOC OLC Inf. Opin. Letters
9-10-2008 and 6-24-2008.
"A random drug test is a safety measure that
protects citizens from the ill effects of a drug or alcohol imbiber who is
responsible for a safety sensitive position." While the grievant had a
right to the presence of a union representative "it is not reasonable that
the city, rather than the union, handle the logistics of getting a
representative to the site." City of Cleveland and Munic. C.E.O., AAA
#53-390-00505-07, 125 LA (BNA) 431 (Skulina, 2008).
Federal appeals court sustains the termination of
a Border Patrol Agent with more than 20 years service who tested positive for
cocaine in a random drug test. Although he submitted to secondary urine and
hair follicle testing plus a polygraph examination, all of which was negative, the
documentary and testimonial evidence supports a conclusion that the chain of
custody for the original urine sample was intact and that the testing was
correct. Meza v. Dept. of Homeland Security, #2007-3150, 2008 U.S. App. Lexis
8743 (Unpub. Fed. Cir), affirming 2006 MSPB Lexis 7608.
Appellate court sustains the termination of a
public employee for failing to appear for a drug test on his day off. While he
was not scheduled to work on the day of the test, he would have been paid had
he reported. Scott v. City of Cleveland, #89707, 2008 Ohio 1926, 2008 Ohio App.
Lexis 1654 (8th Dist.).
Seventh Circuit upholds random drug testing of
safety-sensitive public employees. The appellant was a large vehicle and heavy
equipment operator for an Indiana municipality. Krieg v. Seybold, #06-2322, 481
F.3d 512, 2007 U.S. App. Lexis 6453 (7th Cir. 2007).
Police Commissioner was entitled to judicial
intervention reversing a Board of Collective Bargaining determination that
officer drug testing by radioimmunoassay was a unilateral and impermissible
change in conditions of employment and a mandatory subject of bargaining with
the involved unions. City of New York v. PBA, #400007/07, 2007 N.Y. Misc. Lexis
8803.
Federal Merit Board votes 2-to-1 to reverse the
termination of a federal air marshal that falsified his application by omitting
a prescription drug he had taken. Asking an appellant to disclose the
medications he is taking prior to extending a job offer violates 42 U.S. Code
§12111(d) and 29 C.F.R. §1630.13(a). The majority relied on Downs v. Mass. Bay
Transp. Auth., 13 F.Supp.2d 130 (D. Mass. 1998). The dissenting member wrote
that the Supreme Court's decisions in LaChance v. Erickson, #96-1395, 522 U.S.
262 (1998) and Bryson v. United States, #35, 396 U.S. 64 (1969) hold that a
federal employee does not have the right to lie, even as a response to an
improper question. Evans v. Dept. of Homeland Security, #AT-0752-05-0844-I-1,
2007 MSPB 297.
Arbitrator overturns the termination of a
firefighter because the medical officer "should have conducted a more
thorough investigation to determine whether there was clinical evidence of
[the] unauthorized use of opiates ... before he certified the test result as
positive." The grievant was taking prescription dosages of hydrocodone and
Tylenol 3 (with codeine) which can metabolize into morphine, and there was no
evidence that the grievant had abused drugs in past. Orange Co., FL and IAFF
L-2057, 123 LA (BNA) 1464, AAA Case #32-390-00220-06 (Smith, 2007).
Arbitrator upholds the termination of a private
sector worker for failing a drug test. Although the employee's last chance
agreement only provided for suspicionless testing for two years, his recent
absenteeism record provided cause for testing. Moreover, the last chance
agreement did not expire after two years, it only capped unannounced testing.
Bowater and United Steelworkers L-9-1924, 123 LA (BNA) 673, FMCS Case# 07/00094
(Kilroy, 2007).
A technical break in the chain of custody of a
urine sample is not sufficient grounds to overturn a termination; the appellant
must show that the sample was tampered with. Williams v. Roche, #00-1288, 2007
U.S. Dist. Lexis 1470 (E.D. La. 2007). [N/R]
N.Y. appellate court refuses to set aside an
arbitration award that reduced a termination to a 30-day suspension for a city
worker that was unable to produce a urine sample during a 2½-hour period
allowed for random testing. Local 333 v. N.Y. City Dept. of Transp., #8918,
Index #112873/05, 2006 NY Slip Op 09287, 2006 N.Y. App. Div. Lexis 14722
(2006). The panel cited N.Y. Tr. Auth. v. TWU L-100, 6 N.Y.3d 332, 2004 NY Slip
Op 09513 (2004) where the N.Y. Court of Appeals upheld a similar award because
the arbitrator found that a failure to provide a sufficient sample is not a
refusal to submit to testing. [N/R]
Arbitrator rejects the defense that a police
officer failed a random drug test because he took nonprescription Living
Harvest hemp seed oil to alleviate sinus problems. The health store's record of
sales did not confirm his purchases, and the product is manufactured to remove
any THC contaminates. City of Dayton and FOP Lodge 44, AAA #53-390-00178-04
(Bell, 2005). {N/R}
Minnesota appellate court concludes that
management could unilaterally impose a random drug-testing program for
safety-sensitive positions, but must bargain with the union over implementation
of the final plan. Law Enf. Labor Services, Inc. L-158 v. Sherburne Co.,
#A04-1474, 695 N.W.2d 630, 2005 Minn. App. Lexis 467, 177 LRRM (BNA) 2242 (Minn.
App. 2005). {N/R}
Sixth Circuit upholds a random drug-testing
program for select civil service employees, including probation and parole
officers, non-custodial employees in prisons, and medical personnel who deliver
medical or psychological services to inmates. UAW L-6000 v. Winters, #03-1574,
385 F.3d 1003, 2004 FED App.0337P (6th Cir.). {N/R}
Illinois appellate court reinstates a deputy that
had innocently consumed some Peruvian tea that contained cocaine metabolites.
The panel refused to enforce a zero tolerance policy that was unrelated to
guilt, simply because it might make it more difficult to fire officers that
have an explanation of why they tested positive. Garrido v. Cook Co. Sheriff's
Merit Bd., #1-03-1128, 811 N.E.2d 312, 21 IER Cases (BNA) 716, 2004 Ill. App.
Lexis 674 (1st Dist. 2004). [2004 FP Oct]
Unanimous Arizona Supreme Court strikes down
random drug testing of firefighters. Petersen v. Mesa, #CV-03-0100, 83 P.3d 35,
2004 Ariz. Lexis 12 (2004). [2004 FP Apr]
Supreme Court declines to review a lawsuit
brought by a male corrections officer who objected to the fact a woman monitor
allegedly observed his genitals while he provided a urine sample. Booker v.
City of St. Louis, #02-1114, 309 F.3d 464, 2002 U.S. App. Lexis 22705 (8th Cir.
2002); cert. den., #02-1511, 72 U.S.L.W. 3235. [Dec FP 2003]
Supreme Court declines to review an Alabama
holding that the use of a catheter by an employer, to obtain a urine sample as
part of employee drug testing program was not a battery, did not violate the
Fourth Amendment, and did not invade the appellant's reasonable expectations of
privacy. Nelson v. Coleman, # 02-1533, 2003 U.S. Lexis 4833, 156 L.Ed.2d 628
(2003); unpublished Ala. Cir. Ct. ruling, summarized at 71 Law Week 3680
(1/29/02). {N/R}
Failure to promptly order a drug test, following
an anonymous call, flawed the city's case against a worker. The fact a coworker
tested positive is still not enough proof, and an arbitrator orders
reinstatement. City of Indianapolis and AFSCME C-62, AAA Case #52-390-00259-02,
118 LA (BNA) 357 (Kohn, 2003). [2003 FP Aug]
Arbitrator upholds termination of an employee who
diluted his urine sample; unlike a positive result, a confirming test was not
required. County of Wayne and Mich. AFSCME L-101, 118 LA (BNA) 417 (Brodsky,
2003). {N/R}
Illinois appellate court rejects a damage suit against
a urine testing lab that destroyed the plaintiff's specimens, which they had
reported as positive for cocaine use. The plaintiff, a terminated police
officer, fully litigated that issue in his disciplinary hearing, and the
doctrines of res judicata and collateral estoppel apply. Bagnola v.
SmithKline Beecham Labs., No. 1-00-0224, 333 Ill.App.3d 711, 776 N.E.2d 730,
2002 Ill. App. Lexis 750 (2002). [2003 FP May]
Eighth Circuit
rejects an appeal that management had to prove that it had selected a
corrections officer randomly for a drug test, or that the specimen-taking
procedure violated the male officer's privacy because a woman monitor observed
his genitals. Booker v. City of St. Louis, #02-1114, 309 F.3d 464, 2002 U.S.
App. Lexis 22705 (8th Cir. 2002). [2003 FP Feb]
A police officers' federal challenge to
his employer's drug and alcohol screening program failed. Byrne v. Mass. Bay
Transp. Auth., 196 F.Supp.2d 77 (D.Mass. 2002). {N/R}
Federal appeals court upholds test of officer
after an informant said he was using heroin. His pre-employment consent to
surprise drug testing waived any right to complain of “unwarned” testing.
Carroll v. City of Westminster, #99-1556, 233 F.3d 208, 2000 U.S. App. Lexis
29510, 17 IER Cases (BNA) 14 (4th Cir. 2000). [2001 FP 7-8]
Federal court invalidates a city's pre-employment
drug test required of all city applicants, whether the job affect public safety
or not. Baron v. City of Hollywood, 93 F.Supp.2d 1337, 2000 U.S. Dist. Lexis
6133 (S.D. Fla.). [2000 FP 137]
A city's practice of observing urine sample
collections for drug testing did not violate the privacy of firefighters.
Wilcher v. City of Wilmington, 60 F.Supp.2d 298, 1999 U.S. Dist. Lexis 12836
(D. Del.), on remand from 139 F.3d 366 (3rd Cir.). [2000 FP 7]
Counselor/parole officer's Fourth Amendment
rights were not violated when he was required to submit to drug test based on
coworker's report that she smelled odor of marijuana on him,. The evidentiary
standard necessary to establish reasonable suspicion of someone at a detention
home is lesser standard than necessary to test those in less sensitive
positions. Hassell v. City of Chesapeake, 64 F.Supp.2d 573, 15 IER Cases (BNA)
1220 (E.D.Va. 1999). {N/R}
An employee's voluntary signing of a last chance
agreement that conditioned his return to random drug testing did not validate a
drug test that violated a state statute. Eaton v. Iowa Empl. App. Bd., 15 IER
Cases (BNA) 1281 (Iowa 1999). {N/R}
Appellate court upholds termination of officer
even though one test demonstrated drug use and the other did not. Courts will
not overturn civil service findings simply because of conflicting evidence. Ned
v. Lake Charles, 721 So.2d 577 (La.App. 1998). [1999 FP 121]
Indiana appellate court rejects evidence of a
firefighter's drug use in a criminal prosecution. He was the driver when his
fire truck collided with another fire truck. Oman v. Indiana, 707 N.E.2d 325,
1999 Ind. App. Lexis 419, 14 IER Cases (BNA) 1662. [1999 FP 121-2]
Public employers are not required to adopt or
follow HHS or state specimen-handling procedures. Burden is on the employee to
show that a lab's procedures were defective. Carroll v. City of Westminster,
1999 U.S. Dist. Lexis 7732, 14 IER Cases (BNA) 1717 (D.Md.). [1999 FP 101]
Pennsylvania trial court concludes that a testing
facility owed no legal duty to a prospective employee to insure that his drug
screening specimens were handled properly. Ney v. Axelrod, 1998 PA Super 8,
1999 Pa. Super. Lexis 10, 723 A.2d 719. [1999 FP 55]
Federal appeals court upholds drug testing of
transit police officers, as required by federal law, even though state law
prohibits the tests. O'Brien v. MBTA, #98-1502, 1998 U.S. App. Lexis 30804, 162
F.3d 40 (1st Cir.). [1999 FP 21]
Federal appeals court rejects a Constitutional
necessity for dry rooms, and allows monitors to generally observe urine sample
collections. Wilcher v. City of Wilmington, 139 F.3d 366, 1998 U.S. App. Lexis
4991, 13 IER Cases (BNA) 1345 (3rd Cir.). The District Court had rejected a
privacy suit filed by firefighters. See 891 F.Supp. 993 (D. Del. 1995). [1995
FP 167] & [1998 FP 101-2]
Appellate court sustains termination of NYC
Corrections officer who tested positive for drug use. Cause for testing was
supported by his arrest on drug possession charges. Mack v. City of N.Y., 658
N.Y.S.2d 27, 1997 N.Y.App.Div. Lexis 5841. [1998 FP 102]
Arkansas supreme court orders an officer
reinstated because State Police ignored its own confirmation procedures.
"An agency is bound by its own regulations." Stueart v. Ark. St.
Police, 945 S.W.2d 377 (Ark. 1997). [1998 FP 85]
Supreme Court strike's down a Georgia statute
requiring all candidates for high elective office to submit to and pass a drug
test. Chandler v. Miller, 520 U.S. 305, 117 S. Ct. 1295 (1997). {N/R}
Federal appeals court holds that employers are
not liable to their employees for drug-testing errors, even if federally
mandated drug-testing procedures are ignored, IF the tests are performed by
licensed, independent testing agencies. Carroll v. Federal Express Corp., 1997
U.S.App. Lexis 9893, 113 F.3d 163, (9th Cir.) affirming 1995 U.S.Dist. Lexis
12026 (N.D. Cal.). [1997 FP 85]
Contracting out prison medical care does not
relieve the State of its constitutional duty to provide adequate medical
treatment to those in its custody, and it does not deprive the State's prisoners
of the means to vindicate their Eight Amendment rights. West v. Atkins, 487
U.S. 42, 108 S.Ct. 2250 (1988); 6 Witkin Torts 1018-20. [1997 FP 85]
California Supreme Court upholds screening of
police applicants, but strikes down such tests as a condition of candidacy for
promotion. Loder v. City of Glendale, 59 Cal.Rptr.2d 696, 14 Cal.4th 846, 927
P.2d 1200, 1997 Cal. Lexis 3, 1997 WL 2820. [1997 FP 37]
Corrections agency could rely on the first urine
test, where the second specimen was received after the officer had consumed a
quantity of water. Johnson v. Schembri, 642 N.Y.S.2d 8 (A.D. 1996). [1997 FP
37]
Fire dept. had reasonable grounds to order
testing of firefighter after his arrest for trespassing in a known drug
location. Nocera v. N.Y.C. Fire, 921 F.Supp. 192 (S.D.N.Y. 1996). {N.R}
Illinois appellate court concludes that a county
had to bargain with the union before implementing a requirement that jail
personnel returning from an extended leave must be screened for drug abuse. Cook
(County) v. Lic. Prac. Nurses Assn., 671 N.E.2d 787, 1996 Ill.App. Lexis 749.
[1997 FP 4-5]
Florida has revised in public employee drug
testing statute to include standards and procedures for testing hair for the
presence of illicit drugs. IER Manual (BNA) 550:1 (1996). {N/R}
Federal appeals court concludes that a
firefighter's emotional instability supported a warrantless test of his urine.
Saavedra v. City of Albuquerque, 73 F.3d 1525 (10th Cir. 1996). [1996 FP 72]
Agitation and eye movements created a reasonable
suspicion of drug use by a corrections officer. Jackman v. Schembri, 635
N.Y.S.2d 30 (A.D. 1995). [1996 FP 72]
Appeals court accepts expert testimony of why
metabolite contents can vary between specimens. Cantwell v. Bratton, 635
N.Y.S.2d 32 (A.D. 1995). [1996 FP 72-3]
Dismissal of officer affirmed; he substituting
colored water in place of a urine specimen. Blount v. Bratton, 627 N.Y.S.2d 375
(A.D. 1995). [1996 FP 41]
Two EMIT - GC/MS tests are sufficient proof that
an employee used cocaine. McBride v. Kelly, 626 N.Y.S.2d 142 (A.D. 1995). [1996
FP 23]
Federal judge in NY sustains a civil rights suit
in which a sergeant alleged he was required to urinate in the presence of a
monitor and others. Kennedy v. City of N.Y., 10 IER Cases (BNA) 1174, 1995
U.S.Dist. Lexis 7437 (S.D.N.Y.). [1995 FP 167-8]
U.S. Supreme Court allows random testing of
student athletes. Acton v. Veronia Sch. Dist., 115 S.Ct. 2386 (1995); remand
order, 95 D.A.R. 12419 (9th Cir. 9/15/95). {N/R}
Refusal of firefighter to submit to drug test was
insubordination; termination was appropriate penalty. He had reported for duty
in an "unfit condition" and appeared to be "impaired and unable
to perform the duties of his employment." Washington v. Dolce, 617
N.Y.S.2d 533 (A.D. 1994). {N/R}
City had reasonable suspicion of drug use to test
fire dept. EMT, where he exhibited erratic behavior and threatened violence
towards his superiors. Saavedra v. City of Albuquerque, 917 F.Supp. 760 (D.N.M.
1994). {N/R}
Odor of marijuana detected in washroom where only
a limited number of jail employees had access, was sufficient to establish an
individualized reasonable suspicion that the appellant was using drugs, and
justified an order that he provide a urine sample. Drake v. Co. of Essex, 275
N.J.Super. 585, 646 A.2d 1126 (1994). {N/R}
Federal appeals court holds that if a public
safety worker tests positive for cocaine, but the screening process was
illegal, the employee should receive money damages, not reinstatement.
"... an EMT under the influence of drugs poses a real and substantial risk
to public health and safety." Piroglu v. Coleman, 25 F.3d 1098/at 1102
(D.C.Cir. 1994); cert.den. 115 S.Ct. 1093 (1995). {N/R}
Federal appeals court upholds mandatory drug use
questionnaire for a wide range of Treasury Dept. employees. Employees"
privacy considerations were overridden by nature of their official duties. Nat.
Trsry. Emp. Union v. Dept. of Treasury, 25 F.3d 237 (5th Cir. 1994). [1995 FP
87]
City could not test job applicants or candidates
for promotion unless the positions involve some special and physical or ethical
demand, and could have immediate and disastrous consequences for public safety
or security. Loder v. City of Glendale, 28 Cal.App.4th 796, 34 Cal.Rptr.2d 94,
9 IER Cases (BNA) 1673 (Cal.App. 1994). {N/R} Reversed: 59 Cal.Rptr.2d 696,
1997 WL 2820.
Appellate court reinstates firefighter because of
a questionable chain of custody. Hall v. Johnson, 629 N.E.2d 1066 (Ohio App.
1994). {N/R}
It was not a violation of the 4th amendment to
extend drug testing to Customs Service office employees who have access to
computer databases. The databases contain non-classified information which
could benefit drug smugglers. N.T.E.U. v. Customs Service, 9 IER Cases (BNA)
1117, 27 F.3d 623 (D.C. Cir. 1994. {N/R}
Detroit consents to $975,000 judgment for
suspicionless testing of police officers, which included a strip search of
testees. Brown v. City of Detroit, Wayne Co. Mich. Cir. Ct. #89-917823-CL, 37
(2) ATLA Law Rep. 49 (1993). [1994 FP 87-8]
Exclusionary rule applies to an unconstitutional
random drug analysis in employment termination proceedings. Pike v. Gallagher,
829 F.Supp. 1254 at 1263-5 (D.N.M. 1993). {N/R}
NY high court finds that monthly random testing
of ten percent of the applicable workforce was not excessively frequent.
Delaraba v. Nassau Co. Police, 632 N.E.2d 1251, 83 N.Y.2d 367, 9 IER Cases 467
(N.Y. 1994), reversing 597 N.Y.S.2d 82, 192 A.D.2d 655 (1993). [1994 FP 88]
Federal appeals court narrows injunction which
limited Federal Bureau of Prisons employee testing. All federal
institutionally-based correctional personnel are subject to random testing, and
individualized testing if reasonably suspected of on or off-duty drug use. AFGE
v. Roberts, 9 F.3d 1464 (9th Cir. 1993). [1994 FP 52-3]
Federal court upholds random drug test authorized
by collective bargaining agreement. Lowrey v. Exxon Corp., 812 F.2d 644
(M.D.La. 1993). See article for an extensive list of cases on both sides of the
issue [1994 FP 22-3]
Colorado supreme court upholds Denver's substance
abuse testing policy for civilian employees. Reasonable suspicion required.
Denver v. Casados, 862 P.2d 908, (Colo. 1993) cert. den. 62 LW 3637, 114 S.Ct.
1372 (1994). [1994 FP 23]
Federal appeals court upholds surprise test of
police academy cadets and separation of two who tested positive. Sec. 1983 suit
dismissed. Feliciano v. City of Cleveland, 988 F.2d 649 (6th Cir. 1993), cert.den.
114 S.Ct. 90 (1993). [1994 FP 6]
Chief could not order officer to submit urine
sample after fellow officer, with whom he was seen, was arrested for drug
sales. Federal appeals court upholds officer's damage suit for wrongful search.
NFFE v. Cheney, 884 F.2d 603 (D.C.Cir. 1989) not applicable. Jackson v. Gates,
975 F.2d 648 (9th Cir. 1992), cert.den. (1993). [1993 FP 6-7]
Employee drug tests may be "consumer
reports" within the meaning of the Fair Credit Reporting Act, but a report
by a testing laboratory, directly sent to a person's employer, is excluded from
the act. Hodge v. Texaco, Inc., 61 LW 2259 (5th Cir. 10/7/92). [1993 FP 7-8]
Failure to participate in drug screening and
treatment program warranted termination of prison guard. Ross and A.F.S.C.M.E.
Council 61 and State of Iowa State Penitentiary, Iowa P.E.R.B. Case #2562 (Dec.
20, 1985); 24 G.E.R.R. (BNA) 152.
Federal trial court upholds Chicago police drug
tests of officers returning from leaves of absence. Harris v. Washington,
#84-C8812 (unpublished, N.D. Ill. 1985); also see Wrightsell v. City of
Chicago, #87-C-3532, 678 F.Supp. 727, 1988 U.S. Dist. Lexis 625, 2 IER Case
(BNA) 1619 (N.D.Ill.1988).
Florida Supreme Court allows drug testing of
officers reasonably suspected of drug use, without resorting to the bargaining
process. Generalized random testing of officers requires negotiation with the
bargaining unit. Frat. Order of Police v. City of Miami, 609 So.2d 31 (Fla.
1992). [1993 FP 71-2]
Use of a drug-sniffing canine in a correctional
facility was lawful, and results furnished a sufficient basis to order
urinalysis of three corrections officers. Barreras v. New Mex. Corr. Dept., 838
P.2d 983 (N.M. 1992). [1993 FP 86]
Illinois Supreme Court holds that a police
officer or firefighter is not entitled to the presence of counsel for a
mandatory drug screen. Corgiat v. Police Bd. of Chicago, 155 Ill.2d 384, 614
N.E.2d 1232 (1993), reversing the rule in Springfield v. Civil Serv. Cmsn., 112
Ill.App.3d 856, 446 N.E.2d 284 (1993). [1993 FP 87]
Supreme Court declines review of damage award
given LAPD officer who refused an order to provide a urine sample. Los Angeles
v. Jackson, 113 S.Ct. 2996 (6/21/93). [1993 FP 136]
NC appellate court upholds random urine testing
of non-operational airport employees allowed to drive vehicles on the apron of
flight areas; public safety cited. Boesche v. Raleigh-Durham Airport Auth., 8
IER Cases (BNA) 1135 (N.C.App. 1993). [1993 FP 136]
N.J. Supreme Court upholds mandatory urinalysis
of officers on an articulated, individualized suspicion of drug use. Officers
who are under custodial arrest are still subject to testing requirements for
administrative purposes. Rawlings v. Police Dept. of Jersey City, 8 IER Cases
1136; 627 A.2d 602; 133 N.J. 182 (1993). [1993 FP 137]
Michigan Employment Commission rules that cities
must bargain with unions over requirement that drug enforcement officers submit
to random drug screening. City of Warren and Warren P.O.A., 31 (1519) G.E.R.R.
(BNA) 796 (Mich. ERC 1993). [1993 FP 117]
Repeated periods of sick leave by a deputy
sheriff who was previously treated for drug abuse raised a reasonable inference
of continued abuse. Sheriff could terminate the deputy for his refusal to be tested
even though dept. lacked a drug screening policy. Miller v. Vanderburgh County,
610 N.E.2d 858 (Ind.App. 1993). [1993 FP 166-7]
Pennsylvania appellate court holds that internal
affairs lacked the authority to order a drug test because it was not authorized
under civil service rules. City of Philadelphia v. Fraternal Order of Police,
Lodge #5, 538 A.2d 131 (Pa. Cmwlth. 1988).
Federal appeals court upholds the authority of a
union to waive the Fourth Amendment rights of its members, and to consent to
suspicionless drug testing of civilian public employee. Bolden v. SEPTA, 953
F.2d 807 (4th Cir. en banc 1991). See also: Pawlak v. Greenawalt, 477 F.Supp.
149 (M.D.Pa. 1979); Int. Bro. of Boilermakers v. Rafferty, 348 F.2d 307 (9th
Cir. 1965). [1992 FP 39-40].
Department's right to require a drug screen of a
police officer who returns from leave does not extend to body cavity searches
absent a particularized suspicion. McKenna v. City of Philadelphia, 771 F.Supp.
124 (E.D.Pa. 1991). See also: Shoemaker v. Handel, 608 F.Supp. 1151, aff'd, 795
F.2d 1136 (3rd Cir. 1986). [1992 FP 55-6]
Hawaii appellate court upholds suspicionless
annual drug testing of firefighters. Public safety interests outweigh privacy
and 4th Amendment rights. Doe v. City & Co. of Honolulu, 816 P.2d 306, 6
IER Cases 1406 (Haw.App. 1991). See also: Beattie v. City of St. Petersburg
Beach, 733 F.Supp. 1455 (M.D.Fla. 1990). [1992 FP 56]
Federal court in Louisiana allows a police
officer to sue drug testing firms and his employer for defamation arising from
allegedly inaccurate urinalysis. Landrum v. Board of Cmsnrs. of Orleans Levee
Dist., 758 F.Supp. 387 (1991). See also: Retail Credit Co. v. Dade County, 393
F.Supp. 577 (S.D.Fla. 1975). [1992 FP 70]
Termination of cocaine positive officer who
returned from a medical leave sustained. Reynolds v. Ward, 567 N.Y.S.2d 689
(A.D. 1991). [1992 FP 70-1]
Federal court upholds random testing of broad
categories of civilian employees of a drug interdiction agency. National Treasury
Emp. Union v. Hallett, 776 F.Supp. 680 (E.D.N.Y. 1991). [1992 FP 71]
Federal appeals court upholds civil rights suit
by officer who sued the mayor and city because he was ordered to provide a
urine sample without a reasonable basis for suspecting him of drug abuse. Ford
v. Dowd, 931 F.2d 1286 (8th Cir. 1991); en banc reh. den. [1992 FP 86- 7]
Federal court upholds random testing of prison
employees who are issued or given access to firearms. AFGE Council 33 v. Barr,
7 IER Cases (BNA) 823 (N.D.Cal. 1992). [1992 FP 117]
Violation of police department's own rule giving
officers 24 hours notice before random drug testing did not invalidate the
order to submit a sample. Worrel v. Brown, 576 N.Y.S.2d 543 (A.D. 1991). [1992
FP 167-8]
A requirement that applicants for public
employment undergo drug testing prior to employment is not mandatorily
negotiable. Utica Prof. F/F L-32 and City of Utica, NY PERB #U-12165, 25 NYPER
(LRP) P4641, 1992 NYPER (LRP) Lexis 3200 (1992). {N/R}
Massachusetts Supreme Court strikes down random
testing of Boston Police on state constitutional grounds (with three dissenting
opinions). Guiney v. Police Cmsnr. of Boston, 60 LW 2391 (Mass. 1991); see also
Guiney v. Roache, 873 F.2d 1557 (1st Cir. 1989). [1992 FP 22-3]
Michigan state court restrains strip search
portion of Detroit Police random drug screening program. Testing upheld, but
city could not search body cavities for hidden urine absent a reasonable
suspicion. Brown v. City of Detroit, Wayne Co. Cir. Ct. #89917823-CL, 29 (1416)
G.E.R.R. (BNA) 663 (1991); [1992 FP 23-4]
Random testing of police officers with notice
again upheld in New York. Clark v. N.Y. City Housing Auth., 562 N.Y.S.2d 637
(A.D. 1990). [1992 FP 5-6]
Hawaii refused to apply the state's
constitutional right of privacy clause to police drug testing. McCloskey v.
Honolulu Police Dept., 799 P.2d 953 (Haw. 1990).
Three N.Y. appellate courts affirm termination of
officers who challenged orders to submit to drug testing after suspicious
behavior. Eldridge v. Koehler, 561 N.Y.S.2d 161 (A.D. 1990); Jeffrey v.
Koehler, 561 N.Y.S.2d 417 (A.D. 1990); Martinez v. Ward, 561 N.Y.S.2d 195 (A.D.
1990).
Police officer was properly terminated after he
tested positive for cocaine and morphine. Hospital records of drug tests were
admissible, and it was reasonable to require employees to be tested during and
following treatment or surgery. Gdanski v. NYCTA, 561 N.Y.S.2d 51 (A.D. 1990).
15-judge en banc federal appeals court unanimously
upholds suspicionless drug testing of police and fire personnel. Penny v.
Kennedy, 915 F.2d 1065 (6th Cir. 1990).
Accusation by fellow employee provided reasonable
suspicion to order a urinalysis. Giammarino v. Ward, 161 A.D.2d 440, 555
N.Y.S.2d 358, 1990 N.Y.App.Div. Lexis 5768; appeal denied, 76 N.Y.2d 704, 559
N.E.2d 677, 1990 N.Y. Lexis 1485.
Hawaii Supreme Court upholds random or periodic
testing of police officers, depending on their duties. McCloskey v. Honolulu
Police Dept., 5 IER Cases (BNA) 1577 (Haw. 1990).
Chief properly ordered urinalysis of patrol
officer, when youths claimed he took a packet of cocaine from them that was
never inventoried. Kinter v. Bd. of Fire & Police Cmsnrs. of Palatine, 550
N.E.2d 1126 (Ill.App. 1990).
Correction officer's unresponsive demeanor,
glassy-eyed appearance and aberrant behavior supported a superior's order to
submit to a drug test. Fulcher v. Koehler, 552 N.Y.S.2d 31 (A.D. 1990).
Officer's mood swings furnished a sufficient
basis to order EMIT test. Baldini v. Ward, 550 N.Y.S.2d 645 (A.D. 1990).
Although the decision to adopt a drug testing
program in a "managerial prerogative" in New Jersey, the testing
procedures used are subject to mandatory collective bargaining. Local 194A v.
Bridge Cmsn., 572 A.2d 204 (N.J. App. Div. 1990).
Federal court in Florida enjoins drug screen as
part of firefighter's annual physical exam. Privacy rights of firefighters are
superior to armed law enforcement personnel. Beattie v. City of St. Petersburg
Beach, 733 F.Supp. 1455 (M.D. Fla. 1990).
Boston Police did not violate the privacy rights
of a dismissed cadet by disclosing the termination to other cadets. Deterrence
of future drug use was a valid justification for publicity. Gauthier v. Police
Cmsnr. of Boston, 408 Mass. 335, 557 N.E.2d 1374 (1990).
Appellate court rules that employer could not
introduce below-cutoff results of a urinalysis, to impeach an employee's trial
testimony, that he has never used drugs in his entire life. U.S. v. Gray, 30
M.J. 231 (CMA 1990).
Maryland holds that proposed drug tests, as part
of periodic police and fire physicals, was a mandatory subject for bargaining.
Test requirements were otherwise constitutional. City of Annapolis v. United F
& C Workers L-400, 565 S. 2d 672 (Md. 1989).
Illinois rules that an agency need not bargain
with union over mandatory drug testing, but must bargain over any disciplinary
action to enforce the policy. AFSCME v. State Labor Rltns. Bd., 546 N.E.2d 687
(Ill.App. 1989).
Appellate court sustains use of observers when
collecting urine samples. Lieutenant had to strip and void within 18 inches of
same-sex monitor. Unger v. Ziemniak, 27 M.J. 349 (CMA 1989).
FDA claims radioimmunoassay analysis of hair
strands to prove drug use is unlawful and unreliable. Compliance Policy Guide,
#90-214479, National Technical Information Service, U.S. Dept. of Commerce,
[Sills Bldg., Springfield, VA 22161].
City could not terminate police officer who
tested positive for cocaine use, where only evidence was urinalysis at
department's federally assisted alcohol counseling program and officer had not
consented to the release of her test results. Jeanette "A" v. Condon,
728 F.Supp. 204 (S.D.N.Y. 1989).
N.Y.'s highest court allows random testing and
immediate firing of probationary correctional officers who test positive.
McKenzie v. Jackson, 556 N.E.2d 1072, 557 N.Y.S.2d 265, 5 IER Cases (BNA) 574
(N.Y. 1990).
Appellate court sustains criminal conviction for
obstruction of justice when employee substituted toilet water for her urine
specimen. United States v. Turner, 30 M.J. 984 (ACMR 1990).
Drug tests of firefighter candidates upheld by
Federal Court in Ohio. Court condemns "self-gratification"
indulgences and cites the difficult and dangerous nature of firefighting
duties. Single use of drugs warrants rejection of an applicant. Brown v.
Winkle, 715 F.Supp. 195 (N.D. Ohio 1989).
Federal court finds that drug testing of
firefighters" urine samples violated the Fourth Amendment, even though
they must submit samples as part of an annual physical exam. Beattie v. St.
Petersburg Beach, #86-1562-Civ-T-13, 5 IER Cases (BNA) 223 (M.D. Fla. 1990).
Federal court orders a New Jersey city to pay
damages for surprise drug tests of its firefighters. Johnson v. City of
Plainfield, 731 F.Supp. 689 (D. N.J. 1990).
New York's highest court upholds random testing
of NYC corrections officers. Court follows the precedent it previously set in a
similar case involving police officers. Seelig v. Koehler, 28 (1364) G.E.R.R.
(BNA) 625 (N.Y. 1990).
Appellate court upholds superior's order to
retest those who were randomly tested after samples were lost. Although the
retesting focused on specific individuals, the random character of the
selection process was not affected. United States v. Moeller, 30 M.J. 676
(AFCMR 1990).
Acceptable processing of urine specimens does not
require absolute proof that no contamination or substitution was possible, nor
is it necessary that all persons in the chain of custody be present at the
hearing. Williamson v. Police Bd. of Chicago, 537 N.E.2d 1058 (Ill.App. 1989).
Court upholds NYPD random urinalysis testing
under U.S. and state constitutions. Toal v. Ward, #20061/89, 4 IER Cases (BNA)
1843 (Sup.NY Co. 1989).
U.S. Appeals Court upholds Federal Executive
Order 12564 which mandates random testing of federal workers in
"sensitive" positions. National Treasury Employees Union v. Bush, 891
F.2d 99, 4 IER Cases (BNA) 1825 (5th Cir. 1989).
Divided N.Y. appellate court upholds random drug
testing of correctional officers in New York City. Compelling need outweighs
privacy considerations. Seelig v. Koehler, 4 IER Cases (BNA) 1538 (N.Y. App.
Div. 10/12/89).
N.Y. Appellate Court unanimously upholds random
testing of probationary employees; they have a reduced level of privacy
expectations. McKenzie v. Jackson, 4 IER Cases (BNA) 1601 (N.Y. App. Div.
1989).
U.S. Appeals Court reverses trial judge and lifts
injunction against unannounced drug testing of correctional officers with
inmate contact. Injunction continued for certain administrative and support
personnel. Taylor v. O'Grady, 4 IER Cases (BNA) 1569 (7th Cir. 1989).
Maryland's highest court approves of drug screen
of police and fire personnel during routine annual physical exams. City of
Annapolis v. United Workers L-400, G.E.R.R. 27 (BNA) 1537 (Md. 11/9/89).
Federal District Court upholds random testing of
Detroit police officers. Brown v. City of Detroit, 715 F.Supp. 832 (E.D. Mich.
1989).
Supreme Court lets Boston drug screening plan
stand; random testing allowed for officers who carry firearms and for civilian
employees who participate in drug interdiction. Guiney v. Roache, 873 F.2d 1557
(1st Cir. 1989); cert. den. #89-205, 110 S.Ct. 404 (1989).
Federal court jury awards L.A.P.D. officer over
$154,000 in damages plus back pay; he was terminated for refusing to submit a
urine sample. The jury believed his superiors lacked a reasonable basis to
order involuntary testing. Jackson v. Gates, U.S. Dist. Ct. #Cv-87-01085-JDG
(C.D. Cal. 1989). Note: Also see the appellate decision (affirming 2-to-1) at
975 F.2d 648 (9th Cir. 1992), digested above.
Hawaiian court upholds random and designated
assignment drug testing of police officers. McCloskey v. Gibb, Honolulu Co.
Haw., Cir. Ct. #89-2181, 27 G.E.R.R. (BNA) 1119 (8/15/89).
Requesting a police officer to submit to
urinalysis on the basis of an unconfirmed rumor was reasonable, despite fact
that mayor had displayed political animosity to this officer. Ford v. Dowd, 697
F.Supp. 1085 (E.D. Mo. 1988). Reversed! See 931 F.2d 1286 (8thCir. 1991), noted
above.
U.S. Supreme Court upholds mandatory
non-particularized drug tests following "major incidents." Court also
approved of tests of applicants for armed law officer and narcotics enforcement
positions. Skinner v. Railway Labor Executives Assn., 57 LW 4324, 109 S.Ct.
(1989); National Treasury Employees Union v. von Raab, 109 S.Ct. 1384 (1989).
Employer has duty to preserve urine specimen,
especially when employee so requests; destruction of the specimen violates the
employee's constitutional right of due process. Ferguson v. Meehan, 529
N.Y.S.2d 525 (A.D. 1988).
Discharged employee recovers $125,000 because
supervisor watched him urinate for drug test he failed. Kelley v. Schlumberger,
849 F.2d 41 (1st Cir. 1988).
New York's highest court upholds random drug
screening for police officers who voluntarily work in a special unit that
investigates drug offenses and other undercover assignments. Caruso v. Ward, 72
N.Y.2d 432, 530 N.E.2d 850, 1988 N.Y. Lexis 2716, 3 IER Cases (BNA) 1539
(1988).
An employee was not entitled to assert his rights
of privacy protected under the California Constitution when his employer
suspended him for refusing to give a urine sample. Even though drug testing was
not addressed in the union/mgmt. contract, it was a working condition.
Moreover, his state law claims were preempted by the NLRA. Laws v. Calmat, 852
F.2d 430 (9th Cir. 1988). {N/R}
An "employer's decision to institute a
drug-testing program is a proper subject for collective bargaining,"
notwithstanding the California Constitutional provision respecting individual
privacy. Utility Wkrs. v. So.Cal. Edison, 852 F.2d 1083 (9th Cir. 1988); cert.
denied, 109 S.Ct. 1530 (1989). {N/R}
Trial court in Annapolis strikes down universal
drug testing as part of police and firefighters annual physical exams. UFCW
Local 400 v. Callahan, 3 IER Cases (BNA) 1494, Anne Arundel Co. Cir. Ct.
(1988).
Federal court rejects eight-part attack on navy's
urine collection methods; accused must show samples were tampered with, or
defects in the testing or chain-of-custody of samples. Andrews v. Webb, 685
F.Supp. 579 (E.D. Va. 1988).
Illinois court finds Emit drug test reliable in
probation revocation case. People v. Walker, 517 N.E.2d 679 (Ill.App. 1987).
Applicant for firefighter position could be
removed from eligibility list for failing drug test. Marciano v. Civil Service
Commission of City of St. Louis, 747 S.W.2d 758 (Mo.App. 1988).
Third Circuit, U.S. Court of Appeals upholds drug
tests of police officers as part of their annual physical. Sixth circuit
strikes down non- specific testing of police and fire personnel. Policemen's
Benevolent Assn. of N.Y. v. Washington Twp., 850 F.2d 133, 1988 U.S. App. Lexis
8443, 3 IER Cases (BNA) 69 (3rd Cir. 1988); Lovvorn v. City of Chattanooga, 846
F.2d 1539 (6th Cir. 1988); Penny v. Kennedy, 846 F.2d 1663 (6th Cir. 1988);
Feliciano v. City of Cleveland, 661 F.Supp. 578 (N.D. Ohio 1987).
N.Y. court allows testing of probationary
corrections officers. Odon v. Koehler, 524 N.Y.S.2d 614, 138 Misc.2d 553, 1988
N.Y. Misc. Lexis 59 (1988).
N.Y. Appellate court upholds drug screening of
probationary non-public safety employees as part of their pre-permanent
employment medical exam. Dozier v. New York City, 519 N.Y.S.2d 135, 130 A.D.2d
128 (1987).
Compelling transit employee to submit to blood
and urine tests without reasonable suspicion violates federal and N.Y. state
constitution. Fiorenza v. Gunn, 527 N.Y.S.2d 806 (A.D. 1988).
Inmate properly found guilty of possessing
contraband upon basis of two positive drug tests, although urine sample was not
tested for 30 days. Brown v. Scully, 524 N.Y.S.2d 486 (A.D. 1988).
Police officer who tested positive for cocaine
use ordered reinstated by arbitrator, with back pay; problems with lab
standards alleged. City of Miami and Frat. Order of Police, 26 (1254) Govt.
Empl. Rel. Rep. (BNA) 360 (Bairstow, 1988).
New York high court finds EMIT test, when
confirmed with second test, is reliable to show use of illegal drugs. Lahey v.
Kelly, 524 N.Y.S.2d 30 (N.Y. 1987).
Minority police cadets allowed to get additional
data on city's drug test even before making prima facie showing of race
discrimination. The Shield Club v. City of Cleveland, 838 F.2d 138 (6th Cir.
1987).
Laboratory report of drug presence is admissible
evidence at disciplinary hearing without supporting testimony by tester.
Lumsden v. New York City Fire Dept., 522 N.Y.S.2d 4 (A.D. 1987).
Court allows drug tests of sheriff's deputies on
particularized suspicion; random testing enjoined. Allen v. Co. of Passaic, and
Turi v. County of Passaic, 219 N.J. Super. 352, 530 A.2d 371 (1986).
Army ordered to stop random drug tests of
civilian employees; court denies stay of order. National Feder. of Federal
Employees v. Carlucci, 680 F.Supp. 416, 2 IER Cases (BNA) 1709, 1831 (D.D.C.,
1988).
Court refuses prison workers" request to
enjoin "reasonable suspicion" drug testing. Chicago Tribune, p. 2,
March 22, 1988.
Federal appeals court uphold termination of
officer who tested positive for drugs; reasonable suspicion existed when
girlfriend accused him of drug use, even though she recanted the accusation.
Copeland v. Phila. Police Dept., 2 IER Cases (BNA) 1825, 840 F.2d 1139 (3rd
Cir. 1988).
Mandatory drug screening during physical exams of
police returning from leaves of absence no constitutional violation. Wrightsell
v. Chicago, 678 F.Supp. 727 (N.D. Ill. 1988).
Court upholds mandatory drug screening of school
bus attendant as part of physical exam. Jones v. McKenzie 833 F.2d 335 (D.C.
Cir. 1987).
Federal courts should not abstain from drug
screening cases; federal appeals court reverses decision to defer to state
courts. Guiney v. Roache, 833 F.2d 1079 (1st Cir. Jan. 2, 1987); decision on
remand at 3 IER Cases (BNA) 599 (D. Mass. 1988)
Order that fire fighter suspected of drug
purchase submit to urinalysis did not violate fourth amendment; but his
suspension without pay prior to pretermination hearing may violate due process.
Everett v. Napper, 833 F.2d 1507 (11th Cir. 1987).
Supreme Court to hear appeal of federal customs
employees; drug screening without reasonable suspicion challenged. RLEA v.
Burnley, 839 F.2d 575 (9th Cir. 2/11/88), cert. granted, #87-1555.
Arbitrator reinstates officer despite lab test
showing minute quantity of cocaine metabolite; negative cutoff point was too
low. City of Miami and Fraternal Order of Police L-20, 26 (1254) G.E.R.R. (BNA)
360 (Bairstow, 1/29/88).
Federal appeals court strikes down use of
drug-sniffing dogs in work areas; employer must first negotiate with union. Brotherhood
of Locomotive Engineers v. Burlington Nor. RR. Co., #85-4137, 838 F.2d 1102
(9th Cir. 1988).
Federal district court upholds drug test as part
of medical exam for police officers returning from leaves of absence.
Wrightsell v. City of Chicago, #87 C-3532 26 (1251) G.E.R.R. (BNA) 239, (N.D.
Ill. 1/21/88).
Washington D.C. transit authority immune from
federal civil rights lawsuit on compulsory drug testing of employees involved
in accidents. Sanders v. Washington Metro Area Transit Auth, 819 F.2d 1151
(D.C. Cir. 1987).
Federal court in New Jersey enjoins random and
annual medical exam drug testing of police officers; standards required. Local
318 v. Township of Washington, 672 F.Supp. 779, 2 IER Cases 965 (D. N.J.
10/8/87).
Federal court enjoins compulsory testing of 1,700
correctional officers of Cook County jail system in Chicago. Taylor v. O'Grady,
2 IER Cases 897, 669 F.Supp. 1422 (N.D. Ill. 1987).
Employee discharged for refusing to submit to
random drug testing awarded $485,000 in damages. Luck v. Southern Pac. RR.,
Calif. Superior Court (Oct. 30, 1987), reported in the N.Y. Times, page 18,
Oct. 31, 1987.
Newspaper could not inspect records with names of
correctional officers terminated for positive marijuana urine tests. State ex
rel. Barber v. McCotter, 738 P.2d 119 (N.M. 1987).
Criminal conviction of navy correctional employee
on basis of random compulsory urinalysis upheld. U.S. v. Johnston, 24 M.J. 271
(CMA, 1987).
Mandatory drug testing for all jail employees
unconstitutional if conducted without "reasonable suspicion". Taylor
v. O'Grady, 669 F.Supp. 1422 (N.D. Ill. 1987).
Urinalysis of employees at nuclear power plant
identified by informant as possible drug users was based on reasonable
suspicion. Smith v. White, 666 F.Supp. 1085, 1987 U.S. Dist. Lexis 7335, 2 IER
Cases (BNA) 609 (E.D. Tenn. 1987).
New Jersey appeals court forbids drug testing of
police officers who seek transfer to or retention in narcotics enforcement
bureau. Frat. Order of Police L-12 v. City of Newark, 216 N.J. Super. 461, 524
A.2d 430 (1987).
Federal District Court rules that drug testing of
police academy cadets without individualized suspicion is unreasonable.
Feliciano v. City of Cleveland, 661 F.Supp. 578 (N.D. Ohio 1987).
Court rules random drug testing of hospital
employees violates California constitution's privacy guarantee;
"reasonable suspicion" required. Farley v. Estelle Doheny Eye Hosp.,
C629354, Los Angeles Superior Court, reported in the Los Angeles Daily Journal,
July 9, 1987.
Kansas Attorney General opinion calls mandatory
drug tests "unreasonable searches and seizures". Attorney General
Opinion #87-49, March 19, 1987.
New Jersey Appeals Court forbids drug testing of
police officers who seek transfer to or retention in narcotics enforcement
bureau. Frat. Order of Police L-12 v. City of Newark, 216 N.J. Super. 461, 524
A.2d 430 (1987).
New York court of appeals rejects required drug
screening for probationary teachers; held unconstitutional search and seizure.
Matter of Patchogue-Medford Teachers, 510 N.E.2d 325, 2 IER Cases (BNA) (N.Y.,
1987).
Drug screening of army aviation safety workers on
random basis upheld. Mullholland v. Dept. of the Army, 660 F.Supp. 1565 (E.D.
Va. 1987).
California unemployment appeals board denies
benefits to worker fired for refusal to submit to drug screening; decision
unanimous on standard. In the Matter of Vernon Ables and Shultz Steel Co.,
86-05446, California Unemployment Insur. Appeals Board, Los Angeles Daily
Journal, May 11, 1987.
Federal court upholds federal aviation
administration drug screening program for flight service specialists; employees
play vital role in ensuring safe air travel. Nat'l Assoc. of Air Traf.
Specialists v. Dole, 2 IER Cases (BNA) 68 (D. Alaska, March 27, 1987).
Annual urine test for nuclear power district
employees upheld as reasonable; first amendment (religion) challenge rejected;
compulsory participation required. Rushton v. Nebraska Public Power District,
653 F.Supp. 1510 (D. Neb. 1987).
Air Force sergeant was properly convicted by
court-martial on the basis of urine test indicating presence of cocaine
metabolites; submission to test was voluntary. U.S. v. Spann, 24 M.J. 508 (Air
Force CMR 1987).
Odor of alcohol, falling asleep on duty, is
"reasonable suspicion" warranting demand of urine sample; specimen
could also be checked for drugs as both are often ingested at same time. United
States v. Shepherd, 24 M.J. 596 (Army CMR 1987).
Supreme Court refuses to ban testing of customs
service during pendency of appeal. NTEU v. von Raab, 107 S.Ct. 2479
(1987),upholding 816 F.2d 170 (5th Cir. 1987).
U.S. court of appeals for the eighth circuit
upholds the right of prison authorities to conduct urinalysis on a uniform or
systematic random selection basis. McDonnell v. Hunter, 809 F.2d 1302 (8th Cir.
1987).
Firefighters justifiably fired for on-duty
marijuana use; failure to provide accused with a copy of test results prior to
disciplinary hearing did not violate any obligation when no demand made for
results. Chauvin v. Houma Fire & Police Civil Serv. Bd., 496 So. 2d 441
(La. App. 1986).
New York City Transit Authority revises drug
testing policy after negotiation with union; new policy allows for testing in
more restricted circumstances and guarantees reinstatement to those failing
drug tests but completing rehabilitation programs. N.Y. Times, April 7, 1987,
page 16.
The validity of EMIT tests is the subject of
litigation; courts have received results with varying conclusions. Pella v.
Adams, 638 F.Supp. 94 (D. Nev. 1986); Higgs v. Wilson, 616 F.Supp. 226 (W.D.
Ky. 1985); Wykoff v. Resig, 613 F.Supp. 1504 (N.D. Ind. 1985); Peranzo v.
Coughlin, 608 F.Supp. 1504 (S.D.N.Y. 1985); Storms v. Coughlin, 600 F.Supp.
1214 (S.D.N.Y.); Kane v. Fair, 33 CrL (BNA) 2492 (Mass. Sup. Ct., 8/5/83);
Smith v. State, 250 Ga. 438, 298 S.E.2d 482 (1983).
Appellate court reverses dismissal of undercover
officer who refused urinalysis test lawfully ordered; penalty too severe. Puig
v. McGuire, 501 N.Y.S.2d 49 (A.D. 1986).
Standardless drug testing struck down by federal
court in Georgia; reasonable suspicion standard imposed. Bostic v. McCledan,
650 F.Supp. 245 (N.D. Ga., 1986).
Union and St. Paul police agree to random testing
for certain units. 24 G.E.R.R. (BNA) 1013 (7-28-86).
Department-wide drug testing struck down by
federal court in New Jersey; reasonable suspicion standard approved. Capua v.
City of Plainfield, 643 F.Supp. 1507 (D.N.J. 1986).
Failure to submit to drug test after fellow
firefighter said he sold him drugs was insubordination, warranting termination.
Everett v. Napper, 632 F.Supp. 1481 (N.D. Ga. 1986); aff'd & rev. 833 F.2d
1507 (11th Cir. 1987).
"Drug and Narcotic Screening of Police
Personnel", report of the Chief of Personnel for the City of New York
Police Dept. (Oct., 1985).
Florida appeals court rejects random screening,
but allows testing of fire and police personnel on "reasonable
suspicion." City of Palm Bay v. Bauman, 475 So.2d 1322 (Fla. App. 1985).
D.C. High Court finds no privacy right in urine
test; upholds "on suspicion" drug tests of D.C. police. Turner v.
Frat. Order of Police, 500 A.2d 1005 (D.C. App. 1985).
N.Y. City bailiff's unions agree to drug tests on
"reasonable cause" criteria; no disciplinary action for first
offenders. State's Office of Court Administration and New York Supreme Court
Officers Association et al, 24 G.E.R.R. (BNA) 231 (2/7/86).
Florida PERC rules Miami must bargain with union
over drug testing; unilateral testing violates contract state law. Fraternal
Order of Police Lodge 20 v. City of Miami, Fla., Fla. P.E.R.C. Case #CA-85-041;
24 G.E.R.R. (BNA) 214 (Dec. 11, 1985).
Failure to participate in drug screening and
treatment program warranted termination of prison guard. Ross and AFSCME C-61
and State of Iowa St. Penitentiary, Iowa P.E.R.B. Case #2562 (Dec. 20, 1985);
24 G.E.R.R. (BNA) 152.
Federal trial court upholds Chicago police drug
tests of officers returning from leaves of absence. Harris v. Washington,
#84-C8812 (unpublished, N.D. Ill. 1985); also see Wrightsell v. City of
Chicago, #87-C-3532, 678 F.Supp. 727, 1988 U.S. Dist. Lexis 625, 2 IER Case
(BNA) 1619 (N.D.Ill.1988).
See also: Alcohol Abuse.