A 9th Circuit Court of Appeals case illustrates a few of the differences between public and private sector HR and clarifies some limits of drug testing by public entities.  Public employers are subject to many more drug testing restrictions than private companies because of constitutionally protected privacy and search rights. 

In the case, the court found that a city policy requiring pre-employment drug testing was unconstitutional, at least as it applied to the situation before it, which involved a library page.

While the court left the door open to the testing in special circumstances or instances of “concrete danger,”  there was no such showing with the library position.  Generally, to meet constitutional search standards, a test would have to come about because of specific, individualized suspicion, not a blanket testing policy. 

Drug testing is a complex undertaking in both the public and private sectors. It’s a good idea to consult with your attorney regarding your policies and practices.  [Lanier v. City of Woodburn]

The 9th Circuit covers California, Arizona, Alaska, Hawaii, Idaho, Oregon, Washington, Montana, and Nevada.