Law.com this morning reported that "a federal judge in Brooklyn has held that a baggage screener at John F. Kennedy International Airport who tested positive for marijuana cannot avoid being fired on the grounds that his test results were allegedly the product of secondhand smoke."
Plaintiff in the case, Leonard Sutera, had provided a urine sample in a random drug test for which he had tested positive for marijuana. He later claimed the result was caused by secondhand smoke he had inhaled at a recent concert. A supervisor rejected that claim, and he was fired.
Eastern District of New York Judge Jack B. Weinstein dismissed the case last Friday, shooting down plaintiff's civil rights challenge contending he was owed a hearing before an independent tribunal prior to his termination, and that the federal government violated his substantive and procedural rights, as well as Privacy and Administrative Procedure acts, in his 22-page decision. ( See Sutera v. Transportation Security Administration, 09-cv-2351 )
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