10th Circ. Favors UPS In Worker Drug Test Dispute

Law360, New York (June 4, 2008, 12:00 AM EDT) -- A federal appeals court has determined that a former driver for United Parcel Services Inc. cannot bring a suit alleging the company’s federally mandated drug test violated state law.

The U.S. Court of Appeals for the Tenth Circuit found Wednesday that the urinalysis conducted on Clyde Williams fell within the scope of the exemption in Oklahoma’s drug testing statute, and upheld the district court’s grant of summary judgment to UPS.

A provision of the Oklahoma Standards for Workplace Drug and Alcohol Testing Act explicitly exempts drug...
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