Glendale Sued Over Required Drug Test for Job Applicants

The American Civil Liberties Union sued Glendale on Monday, claiming that the city’s pre-employment drug-testing program violates job applicants’ rights to privacy and “personal dignity.”

The Los Angeles Superior Court suit focuses on one of a growing number of drug-testing programs adopted by government agencies and employers seeking to combat on-the-job drug abuse.

Glendale’s program, adopted in August, requires that all new job applicants and current city employees seeking promotions submit to a urinalysis for 10 designated controlled substances, including alcohol. Those who test positive for any of the substances are automatically disqualified from employment for at least six months.

“Glendale city officials crush the basic rights to privacy and personal dignity of anyone looking for work with the city and of any city employee who might ever want a promotion,” the ACLU said in its suit, filed on behalf of Glendale resident Lorraine Loder.

The city’s program automatically bars from employment applicants who test positive “when those tests cannot show the amount of any drug consumed, the circumstances of its consumption, nor its effects on the individual and on job performance,” the suit continued.

The case could set a precedent for cities and other government agencies adopting drug-testing programs because Glendale’s program goes much further than most of those currently in effect, said attorney Marvin Krakow, who is handling the case.

While many cities require drug testing for potential employees in drug-sensitive positions, such as public safety, Glendale is nearly unique in requiring across-the-board testing for all new hires and employees seeking promotions, Krakow said.

Legal Frontier

While there have been a number of court decisions on the issue of mandatory drug testing--urinalysis tests of suspected drunk drivers, for example--Krakow said there has been no firm determination of how far cities may go in testing potential employees.

“We’re asking the court to find that it’s an illegal search, that it’s an invasion of privacy, and there’s no purpose for this type of government intrusion into the lives of individuals,” Krakow said.

Glendale officials adopted the program, believed to be one of the most comprehensive in the nation, after a three-month pilot program showed that 20.8% of all new job applicants tested positive for such drugs as cocaine, marijuana and amphetamines.

City officials said they would make no comment on the suit until they review it.