LITIGATION LANDMINES


Public Employee Drug Testing AND HOW TO DEFUSE THEM


LANDMINE #1: Pre-employment Testing Non-Safety Sensitive Personnel The Facts: In early January 1997, Thomas Baron was employed by Interim Accounting Professionals, a temporary accounting agency. He was hired to perform accounting services for the City of Hollywood, FL. Baron received positive work reviews, and his supervisor suggested that Baron apply for a position working directly for the city in the accountant pool. The city's drug and alcohol abuse policy stated


50 datia focus


that no applicant may be employed by the city until he or she has submitted to drug screening and received a negative test result. Baron was informed of the city's policy, and directed to report to the Hollywood Medical Center. Baron refused to submit to the drug test, and as a result, was not hired for the accounting position by the city. Baron contended in his federal court


lawsuit that the city’s drug testing policy was unconstitutional because there was not a set of circumstances under which the city could demonstrate a special need to require every applicant for


employment with the City of Hollywood to submit to suspicion-less drug testing. In ruling in favor of Baron, the federal


district judge noted that the Fourth Amendment to the U.S. Constitution requires that the government "connect its interest in testing to the particular job duties of the applicants it wishes to test." Te city would have to list all of its positions and the particular duties of the job that justify drug testing. As writen, the policy is overbroad


because it applies to applicants for all positions with the City of Hollywood, without regard to the particular job


Spring 2016


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