Drug Testing

Last chance agreements before loss of public employment are not rendered involuntary by the threat of that loss inherent in the agreement. In re Williams, CSA 56-04, 5 (5/06/05).

Consent to random drug testing was not rendered involuntary by its inclusion in a last chance agreement under which a public employee kept his job on condition of no further drug use and submission to random testing. In re Williams, CSA 56-04, 5 (5/06/05), citing Jinzo v. City of Albuquerque, 1999 US App. LEXIS 14912 (10^th Cir. 1999); Mararri v. WCI Steel, 130 F.3d 1180 (6^th Cir. 1997); Schneckloth v. Bustamonte, 412 U.S. 218 (1973); McCall v. USPS, 839 F.2d 664 (Fed. Cir. 1988); and Stewart v. USPS, 926 F.2d 1146 (Fed. Cir. 1991).