California ruling upholds workplace drug testing
California ruling upholds workplace drug testing
Principles apply to public and private sectors
In a landmark ruling, the California Supreme Court has decided that city governments can screen job applicants for drug and alcohol but may not require blanket testing as a condition of promotion. This was the California high court’s first decision on the constitutionality of workplace drug testing, and all state and local governmental agencies will be bound by the decision.
In reviewing a Glendale, CA, city drug and alcohol program, the court found that screening is constitutionally permissible for new employees because they are required to undergo medical examinations anyway. It also noted that employers have a greater need to test applicants because they have not yet been observed in a day-to-day job setting, and firing them later, after training, would be costly. However, the court ruled that the city’s policy of testing all employees, regardless of their work, before promoting them violates the U.S. Constitution’s fourth amendment, which prohibits unreasonable search and seizure.
"An employer generally need not resort to suspicionless drug testing to determine whether a current employee is likely to be absent from work or less productive or effective as a result of current drug or alcohol abuse," Chief Justice Ronald M. George wrote for the majority. "When deciding whether to hire a job applicant, however, an employer has not had a similar opportunity to observe the applicant."
In light of the ruling, the Glendale city attorney’s office said the private sector would be able to screen job applicants as well. "The ruling has direct applicability [to the private sector], although the court didn’t get into it," said assistant city attorney Ron Braden. "And clearly, it also applies to police and firemen in the public sector."
Court has upheld lower court ruling before
The high court has acted in support of this principal before, said Braden, noting that it has let stand a lower court decision that upheld such screening by a company.
Glendale’s drug testing program has been mired in the courts since it was established in 1986. A taxpayer filed suit, arguing that public funds should not be spent to support an unconstitutional program. The American Civil Liberties Union handled her case.
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