A lawsuit in which a job applicant challenged a public employer’s decision to withdraw an offer to employment after the individual tested positive for cocaine has been dismissed by a federal district court. Turner v. Richmond Public Schools, et al., No. 3:16-cv-256 (E.D.VA., March 28, 2017), sought to recover damages for the violation of the plaintiff’s due process rights and disparate treatment based on race and gender. The individual was an African American female who applied for a position as an Instructional Data Specialist with Defendant Richmond Public Schools who, after receiving a conditional offer tested positive for cocaine. When the school rescinded the offer, the plaintiff requested reconsideration. The individual failed to state sufficient facts reasonably to claim that she held any liberty or property interest at the issue in the action.
Hiring Tips Blog

Applicant Who Failed Pre-Employment Drug Test Could Not Show the Public Employer Violated Her Due Process Rights or Title VII
Jun 15, 2017 | Educational and Childcare Hiring, Pre-employment Drug Testing
Recent Posts
- Minnesota, Iowa Modify Employer Drug Testing Requirements
- Oral Fluid Tests Are Not Valid Indicators of Cannabis Exposure or Impairment
- THC Testing vs. Impairment: Legal Risks and Recent Employment Lawsuits
- Colorado Expands Reach of Obligations for Processing Biometric Identifiers and Biometric Data
- California Approves Rules Regulating AI in Employment Decision-making
Categories
- Background Check Compliance (103)
- Background Check Laws (59)
- Background Screening (44)
- Biometric Identification (5)
- Consumer Financial Protection Bureau (1)
- Credit Checks (32)
- Criminal History Check (182)
- Data Protection & Privacy (105)
- E-Verify Issues (76)
- Education Verification (7)
- Educational and Childcare Hiring (28)
- EEOC (49)
- Employer Negligence (37)
- Employment Screening (136)
- Fair Credit Reporting Act (109)
- Featured Posts (1)
- Financial Services Hiring (11)
- Healthcare Hiring (4)
- Hiring Legal Compliance (3)
- Home Services and Repairs Hiring (6)
- Human Resources & Benefits (26)
- Immigration Issues (89)
- IT and Data Security Hiring (11)
- Medical & Pharmaceutical Industry Hiring (9)
- Occupational Fraud (13)
- Pre-employment Drug Testing (189)
- Public Safety Hiring (1)
- Retail Hiring (14)
- Security Services Hiring (3)
- Social Media (32)
- Transportation Industry Hiring (20)
- Uncategorized (1)
- Wage History Checks (4)