Recent Development by Ronald J. Scalise, Jr.
The Prairie Elementary School forced Larry Aubrey, the school custodian, to undergo drug rehabilitation after testing positive for marijuana under a mandatory, random-selection drug testing program. The mandatory urine tests were administered pursuant to an Employee Drug Testing Policy implemented by the Lafayette Parish School Board (School Board) in December of 1992. Because Aubrey was in the presence of children and because his duties included cleaning bathrooms with chemicals, mowing grass, performing minor repairs, trimming trees, and lighting pilot lights, the board considered his employment position to be “safety sensitive.” Employees with “safety sensitive” jobs were included on a list of those to be randomly tested for drugs. In August of 1993, Aubrey attended an in-service meeting at which the drug policy was distributed and discussed. On September 28, 1994, the School Board selected Aubrey and fourteen other employees to undergo drug testing. Because of his positive test result, Aubrey, despite his denial of illegal drug use, was ordered to attend a substance abuse program. Shortly thereafter, Aubrey sought injunctive relief to prevent the School Board from forcing him to attend the program or from terminating his employment. Aubrey contended that the mandatory urinalysis violated his Fourth Amendment rights.
The United States District Court for the Western District of Louisiana granted the School Board's motion for summary judgment and dismissed Aubrey's suit. Aubrey filed an appeal. The United States Court of Appeals for the Fifth Circuit subsequently reversed the district court, remanding the case because of insufficient evidence upon which to balance accurately the government's interest in drug testing against Aubrey's privacy interest. The School Board then resubmitted its summary judgment motion with the additional evidence that the court of appeals had requested in its remand instructions. Again, the district court granted the School Board's motion for summary judgment. Aubrey timely appealed. After reviewing the district court's decision, the Fifth Circuit held that the government's interest outweighed Aubrey's privacy interests, and, consequently, random drug testing by urinalysis did not violate Aubrey's Fourth Amendment rights. Aubrey v. School Board of Lafayette Parish, 148 F.3d 559, 565 (5th Cir. 1998).
About the Author
Ronald J. Scalise, Jr. J.D. candidate 2000, Tulane University School of Law; B.A., B.A. 1997, Tulane University.
Citation
73 Tul. L. Rev. 1467 (1999)