News & Analysis as of September 21, 2024

Hiring & Firing › Fourth Amendment

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Drug Testing Florida School District Job Applicants Is Tricky Business. Finally, Some Judicial Guidance

Rumberger | Kirk on 1/21/2019

Is mandatory drug testing for all school district job applicants constitutional? A recent case from the Eleventh Circuit suggests not. See Friedenberg v. Sch. Bd. of Palm Beach Cty., 9:17-cv-80221-RLR (11th Cir. 2018). ...more

Federal Appeals Court Holds That Public School District May Drug Test Substitute Teacher Applicants

Jackson Lewis P.C. on 1/7/2019

A federal appeals court has held that a public school district may drug test applicants for substitute teacher positions, concluding that such testing does not violate the Fourth Amendment’s prohibition against unreasonable...more

AB 450: California’s Law of Unintended Immigration Consequences

Seyfarth Shaw LLP on 11/1/2017

Seyfarth Synopsis: California’s new law, Assembly Bill 450, signed by Governor Brown on October 5, and effective January 1, 2018, imposes several new immigration-related duties on California employers and the potential for...more

Government Employee Can Proceed To Trial On Her Challenge To The District Of Columbia’s “Blanket” Drug And Alcohol Tests

Jackson Lewis P.C. on 10/25/2017

The federal court for the District of Columbia ruled that a former employee of the D.C. Office of the Chief Medical Examiner (“OCME”) could proceed to trial with her claims that drug and alcohol tests she was required to take...more

Unreliable Anonymous Tip Could Not Form Basis Of Reasonable Suspicion Drug Test By Public Employer

Jackson Lewis P.C. on 5/1/2017

A public employee established a Fourth Amendment violation by several individual supervisors of his former employer when they selected him for reasonable suspicion drug testing – and later discharged him — based on an...more

Federal Appeals Court Upholds Dismissal of Public Employee For Failing Random Drug Test

Jackson Lewis P.C. on 3/21/2017

The Unified Government of Wyandotte County/Kansas City, Kansas did not violate a public employee’s Fourth Amendment rights by requiring the employee to submit to a random drug test or by terminating his employment when he...more

No Knocking Necessary: Court Rules EEOC Can Enter Employer’s Premises Without Warrant Or Consent

Seyfarth Shaw LLP on 5/10/2016

Seyfarth Synopsis: Court ordered enforcement of the EEOC’s subpoena and authorized the Commission to conduct an on-site investigation without the employer’s consent. The EEOC has conducted on-site inspections of...more

Public employers, you can’t drug test as if you were in the private sector

Constangy, Brooks, Smith & Prophete, LLP on 8/7/2014

Karen Voss was offered a newly created position of Solid Waste Coordinator with the City of Key West. The job entailed marketing and planning related to the city’s recycling programs, and “overseeing other tasks within the...more

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Hiring & Firing › Fourth Amendment

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