9th Circuit: Public Employee Drug Test Was Unconstitutional

Today the 9th Circuit Court of Appeals issued an opinion holding that a preemployment drug test on an Oregon public employee was unconstitutional.  The plaintiff was offered a job in a city library conditioned on a drug test.  She challenged the drug test on Fourth Amendment grounds.  The 9th Circuit determined that the city failed to show any special needs for the test because there was no prior evidence of drug abuse in the library job and the job was not high-risk or safety sensitive.  The case is Lanier v. City of Woodburn and can be read here.

Picture of Daniel Kalish

Daniel Kalish

A graduate of Harvard College and Yale Law School, Mr. Kalish is an experienced trial lawyer who has tried more than thirty trials to jury verdict. Mr. Kalish’s practice focuses on complex trial work, and he represents employees in all aspects of employment litigation.

Learn More...

Related Posts

Military Spouse

You are the spouse of a member of the military. Not only has your spouse sacrificed for his or her country by always being ready to defend it, but you have sacrificed your family life for the country, as well. We thank you and salute you. In addition to our

Read More »

Colorado Leave Donation Programs: Know Your Rights

Many Colorado employers have programs that allow their employees to essentially donate their accrued paid time off (PTO), including sick leave and vacation days, to co-workers who are experiencing health or family emergencies or serious medical issues. Not only do these leave-donation programs promote the ultimate level of goodwill amongst

Read More »