U.S. Fifth Circuit Affirms Judgment Obtained by Firm Employment Law Litigators In Significant Drug Testing Case

November 19, 2014

Gold Weems lawyers, Steven M. Oxenhandler and Michael J. O'Shee, represented the City of Monroe in a public employee drug testing case, which focused on whether the City of Monroe needed individualized reasonable suspicion to conduct a drug test; or, whether the City could test an employee eight (8) days after being involved in a simple fault accident. The Fifth Circuit, relying on U.S. Supreme Court and Fifth Circuit precedent, affirmed summary judgement in favor of the City and held "as applied" that the drug test did not violate the 4th Amendment of the U.S. Constitution or its Louisiana Constitution counterpart.

The opinion is attached for reference. Oxenhandler is a senior member and firm shareholder working in the employment law area, and firm shareholder O'Shee heads the firm's appellate section.

For the complete Opinion > more