ACLU Challenges Hawaii County Hiring Policy

A federal judge has issued a temporary restraining order preventing the county from requiring a worker to submit a urine sample.

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The Hawaii Tribune-Herald has this item on about the ACLU getting involved in a dispute regarding Hawaii County employment requirements. Excerpt:

A Kailua-Kona woman suing Hawaii County over its pre-employment medical examination policy started her job as a legal clerk Monday after a federal judge issued a temporary restraining order preventing the county from requiring that she submit a urine sample.

By issuing the ruling, U.S. District Court Judge Derrick Watson concluded preliminarily that requiring a urinalysis as a condition of employment would violate Rebekah Taylor-Failor’s Fourth Amendment rights.

According to the county, the sample is used to assess the applicant’s health. It does not involve a drug test.

The American Civil Liberties Union, which is representing Taylor-Failor, argues that the policy is an unjustified invasion of privacy for “non-safety-sensitive positions.” In addition to a urine sample, new hires also must disclose aspects of their physical and mental health history, according to the lawsuit. …

The ACLU is seeking a preliminary injunction; a hearing is set for May 8.

sterile urine test bottles

Sterile urine test bottles.

Flickr: Steven Depolo

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