Skip to main content

Legal Notes: Graham County, N.C. Board of Education Random Drug Testing

A recent decision by a North Carolina Court of Appeals recently ruled that the Graham County Board of Education in N.C. violated its employee’s rights by implementing a policy mandating the random, suspicionless drug and alcohol testing of all Board employees.

In 2006, all Board employees were subject to an Alcohol and Drug-Free Workplace Policy which required all job applicants to pass an alcohol or drug test as a condition of employment. It required all employees to submit to an alcohol or other drug test upon a supervisor's reasonable cause to believe that the employee was using alcohol or illegal drugs, or abusing prescription drugs, in the workplace.

Any employee who was placed on the approved list to drive school system vehicles needed to submit to “random drug tests.” Additionally, the policy mandated the suspension of any employee who, in a supervisor's opinion, was impaired by alcohol or drugs in the workplace.

The Board of Education enacted a new testing policy at the end of 2006 requiring all employees to submit to random, suspicionless testing. A group of employees sued the Board of Education 5 months later claiming a violation of their rights.

Originally the trial court ruled for the school board, but later the court reversed the decision in favor of the school employees on the grounds that it violated the state Constitution's ban on unreasonable searches.

Popular posts from this blog

PHOTOS: MMC Through the Years

Mobile Medical Corporation (MMC) is excited to be celebrating our 30th Anniversary in 2020! MMC was founded on June 21, 1990. Check out some photos as we have grown over the years!            

Random Drug Testing Benefits Employers

Drug testing programs aim to prevent the hiring of drug-using applicants while deterring drug use among current employees. According to the Substance Abuse and Mental Health Services Administration (SAMHSA), 21.4 percent of employed adults used illicit drugs within the past month. Results from the 2014 Quest Diagnostics Drug Testing Index™ (DTI) show that, in the general U.S. workforce, random urine drug test positivity rates are higher (5.7 percent) than they are for pre-employment (4.0 percent) or periodic (1.6 percent). Random or “spot” drug testing works as a drug use deterrent because these programs are conducted in an unannounced and unpredictable manner. Utilizing a random drug testing program may help employers by: Deterring current employees from engaging in drug use Preventing the need for substance abuse recovery programs Helping reduce health insurance costs Improving attendance and employee productivity Providing a safer workplace with reduced accidents However, set...

March is National Nutrition Month

National Nutritional Month is celebrated during March. The focus of Nutrition Month is to encourage people to make better food choices and develop better habits. Good nutrition can help reduce risk of illness, increase energy levels, and more. Below are a few tips to get started with good nutrition. 1) Pre-pack your meals and snacks. This gives you healthy options when you get to work 2) Cook and eat at home when possible. This will give you control over preparation and cooking methods. 3) Drink Water. Water is the best way to quench thirst. 4) Eat more fruits and vegetables. The phrase "eat the rainbow" is one to live by. Fruits and vegetables will provide you with vitamins and minerals and most are low in calories. 5) Be aware of the different types of fats. Eat foods with healthy fats like fish and nuts. Limit foods with high saturated fats. Avoid foods with trans fat. 6) Combine good nutrition choices with moderate exercise. When it comes to occupational h...