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.
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.