State High Court to Hear Glendale Drug Test Appeal

The state Supreme Court has agreed to hear an appeal by the city of Glendale, which had been ordered by a lower court to use stricter criteria in deciding which prospective employees should be required to take drug tests.

The case began in the late 1980s when a Glendale resident, Lorraine Loder, sued to stop the city from giving drug tests to prospective employees. The city’s program is considered by experts to be one of the most comprehensive in the nation. It was launched in 1986 after a pilot program found that 20% of new applicants tested had used drugs.

Loder argued that the tests were a waste of taxpayers’ dollars and violated applicants’ rights to privacy. A Los Angeles Superior Court judge granted her a preliminary injunction, temporarily blocking all drug testing.

The city appealed, arguing that Loder had no right to an injunction because she was not a prospective employee. Loder is a Glendale attorney who, though not seeking a job with the city, decided to challenge the drug testing policy.

The state Court of Appeal agreed with Glendale and sent the case back to the Superior Court. After a trial, a judge upheld the program for the most part, saying the tests were reasonable in about 90% of the cases because they would protect public health and safety.

Now is was Loder’s turn to appeal. This time, the Court of Appeal ruled that the trial court should have established stricter criteria in determining what positions require drug tests.

The city then appealed to the state Supreme Court, which has agreed to hear the case at a date to be determined.

Marvin Krakow, who represented Loder on behalf of the American Civil Liberties Union, said Thursday that, regardless of the Supreme Court’s decision, its ruling will set clear guidelines for employers in deciding who will be tested and how.

“The Supreme Court is going to try to come up with an opinion to help working people understand what their rights are,” he said.

According to Krakow, the state’s high court has ruled on privacy issues in the past, but never as they related to drug testing.

Glendale, which has about 1,600 employees, requires successful job applicants to take a drug test before they start work, said Rich Wells, a city spokesman. Employees who have been promoted must take the tests before they can assume their new duties.