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 When the school rescinded the offer, the plaintiff requested reconsideration.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
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