Posted on 03/14/2008 10:56:23 AM PDT by SmithL
SAN FRANCISCO -- A city can't require all job applicants to be tested for narcotics and must instead show why drug use in a particular job would be dangerous, a federal appeals court ruled Thursday.
The Ninth U.S. Circuit Court of Appeals in San Francisco ruled against the city of Woodburn, Ore., which argued it was entitled to maintain a drug-free workplace by requiring job candidates to be screened for drugs and alcohol.
The city was sued by Janet Lanier, whose job offer as a part-time page at the city library was withdrawn in 2004 when she refused a drug and alcohol test. A federal judge ruled the policy unconstitutional and awarded Lanier $12,400 in damages and $44,000 in legal fees, her lawyer said.
The appeals court said Thursday that the judge's ruling went too far, because the city may be able to justify drug-testing of applicants for some jobs. But the court found no basis to test applicants for library positions.
Federal courts have upheld mandatory drug screening for jobs in which performance "may pose a great danger to the public," the appeals judges said.
(Excerpt) Read more at sfgate.com ...
Close the library - end of problem.
I know drug tests can show past use of drugs, but what's with the alcohol test? Breathalyzer?
The 9th circus. All f****g clowns.
Sure to be overturned in a heartbeat.
Hot Dog. The only thing I have ever seen the 9th Circus Judges do that made any sense.
Good. Employees should fight all invasion of their privacy.
This has to be the only time I’ve ever agreed with the 9th Circus.
Same here. But what’s up with testing for a legal product, alcohol? And here’s one I can’t help asking in a PC world. Do they also test for plain ole tobacco use? Betcha the Ninth would make an exception for THAT in a parallel case ruling!
I think most urinalysis drug tests will also show alcohol. Though use is not illegal the thought is to pick up on alcoholism before hiring.
Why?
Only in San Fran would an employer have to prove why drug use in the owrkplace is dangerous.....
I would like all insurance companies require drug testing for your business insurance.
I don’t want any employee working on a job for me who is using drugs. I don’t care if they are mowing the lawn or installing a hot water heater.
These test are never 100%. There is an significant acceptable false positive rate where the livelihood of individuals can be permanently ruined.
For many jobs it should not be a requirement.
Please report to the HR Office. We have some tests for you.
(hey, it's frieday, just messin' with you)
FMCDH(BITS)
Maybe, but at least for private sector employees I don't think using the courts is the way to go. If you don't like the conditions required by your employer, negotiate for different conditions or seek employment elsewhere. You shouldn't go running to the government to force your employer to offer more favorable terms.
Of course, this case involves a government employer so the same rules don't necessarily apply.
I guess they test to see if you have been drinking at a particular time of day, such as morning. It’s a problem with some trades.
Are the tests sophisticated enough to distinguish between casual use (or perhaps a rare celebratory weekend) and abusive use of alcohol?
I don't know how the technology works, but I always thought it just detected the presence and concentration of the drug in the person's body fluid.
Another one tha twill be tossed out on appeal... the ninth circus at it again.
Groan. I hate it when I agree with the 9th Circus.
Well my info is second (or third hand) but talking to some HR people at a company I used to work for said they could tell the difference between casual use and possible alcoholism...and it makes it really easy if they take the test at say 2pm on a Tuesday as opposed to 8am on a Saturday.
According to the Ninth US Circus Court, some drug use may be perfectly innocuous at most places of employment?
Dissenting interpretations are welcome.
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