Appeals Court Says Drug Test Unconstitutional

Law360, New York (March 13, 2008, 12:00 AM EDT) -- The U.S. Court of Appeals for the Ninth Circuit has struck down an Oregon town's attempt to require a candidate for a job in a public library to submit to a pre-employment drug test, deeming the move to be unconstitutional.

The Ninth Circuit denied the appeal brought by the city of Woodburn regarding the constitutionality of the drug test for plaintiff Janet Lanier but stopped short of declaring the policy unconstitutional overall.

“We agree that Woodburn’s policy is unconstitutional as applied because the city failed to...
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