State High Court to Review Glendale Drug Test Policy

The California Supreme Court, examining the rights of employers to test their workers for drugs, decided Thursday to review a ruling that limits such screening by the city of Glendale.

The Glendale case pits the privacy rights of employees against the authority of employers to screen and select workers. A Court of Appeal in Los Angeles voted to strike down a large portion of the city’s drug testing program, limiting it to applicants for jobs with safety or ethical demands.

Dozens of cities petitioned the high court to review the ruling, contending that it would create an administrative nightmare by forcing government employers to examine jobs on a case-by-case basis to determine whether they met the criteria for testing.

Marvin E. Krakow, who represented the American Civil Liberties Union in the case, said the court’s decision could affect workers in private companies as well.

Krakow, who supported the lower court ruling, said he was concerned that the state Supreme Court decided to hear Glendale’s appeal. Glendale was giving urine tests to every applicant for a city job or promotion, but the lower court limited such testing to jobs involving an immediate risk to public safety or the handling of confidential material or dangerous equipment.

Glendale established its program in 1986 and argued that every municipal job affects public health, welfare and morals. A taxpayer challenged the program in court on the grounds that it violated the privacy rights of workers.

Glendale City Atty. Scott Howard said many private companies and a few public agencies have programs similar to the one Glendale is trying to save.

“I think the taxpayers deserve to know that the employees who are hired are screened . . . and are not exposing the city and other employees to potential liability,” Howard said. “Any time an employee is involved in an accident because of drugs or makes a decision that costs the city money, it is really costing the taxpayer money.”

Voting to review the Glendale case were Chief Justice Malcolm Lucas and Justices Joyce Kennard, Marvin Baxter, Ronald George and Kathryn Mickle Werdegar. Justice Armand Arabian did not participate in the vote.