The Ninth Circuit Court of Appeals held in Lanier v. City of Woodburn that the City of Woodburn could not rescind an offer of employment to Janet Lanier because she declined to be tested under the City's pre-employment drug and alcohol screening policy. The court affirmed a summary judgment in Lanier's favor, and a declaratory judgment that the City's policy was facially unconstitutional because it was unsupported by any special need that outweighed the reasonable expectation of privacy. The court opined that, in contrast to Lanier's job as a library page, drug testing could be required for some city jobs that required operating machinery or working directly with children. Importantly, California law permits drug testing of applicants in the private sector.
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City's pre-employment drug testing unconstitutional
- Fenwick & West LLP
- July 10 2008
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