Saturday, March 29, 2008

Go Ahead and Eat Those Poppy Seed Muffins

I thought it was relatively clear that your employer could require you to take a drug test in order to qualify for employment.  I was wrong.  In a case out of the 9th Circuit, Lanier v. City of Woodburn, the Court held that a City cannot have such a requirement.

Ms. Lanier applied for a job as a "page" at the public library in Woodburn (no pun intended).  Apparently, a page at the library retrieves books from the book drop, and then returns the books to the shelves.  The City of Woodburn had declared itself to be a "drug-free workplace", and required all applicants to submit to a drug and alcohol screen, and successfully pass the screening.

The City had adopted its "drug-free" policy in response to incident with affected employees in the past, and for the library because it attracted a lot of youth for its services.  Regardless, the Court found no special need for sober employees at the library and banned the regulation for the City.

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