Tuesday, May 08, 2012

An individual’s failure to comply with drug test procedures implementing federal regulations cannot be deemed to have violated state or local discrimination laws


An individual’s failure to comply with drug test procedures implementing federal regulations cannot be deemed to have violated state or local discrimination laws

The individual was unable to provide the required urine sample to qualify eligibility for employment as an Assistant City Highway Repairer.

Although Supreme Court summarily granted the individual’s on the issue of liability, the Appellate Division unanimously reversed the lower courts ruling “on the law” and directed that the individual’s complaint be dismissed.

The court said that there was no competent evidence that the individual suffered from a disabling medical condition that prevented him from being able to produce a urine sample nor, assuming that issues of fact exist whether he suffered a medical impairment, the Appellate Division said that the had failed to make any showing that this impairment caused him to be unable to provide a 45-milliliter urine specimen within the required three-hour time period.

Noting that the employer, in determining that the individual failed to comply with its drug test procedures "implementing federal regulations" governing his eligibility for the position as set out in 49 CFR Part 40, the court said that the employer “cannot have violated state or local discrimination laws by [doing so]," citing Kinneary v City of New York, 601 F3d 151.

The decision is posted on the Internet at:

Handbooks focusing on State and Municipal Public Personnel Law continue to be available for purchase via the links provided below:

The Discipline Book at http://thedisciplinebook.blogspot.com/

Challenging Adverse Personnel Decisions at http://nypplarchives.blogspot.com

The Disability Benefits E-book: at http://section207.blogspot.com/

Layoff, Preferred Lists at http://nylayoff.blogspot.com/

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