West Virginia Worker Drug Test Challenge Moved to Federal Court

December 15, 2008

A West Virginia lawsuit challenging random drug testing of Kanawha County school employees will be heard in federal court instead of state court.

The Kanawha County Board of Education’s lawyers requested the transfer.

The American Federation of Teachers-West Virginia filed the lawsuit in Kanawha County Circuit Court on Nov. 26.

School board general counsel Jim Withrow said Thursday the transfer was requested because the union’s lawyers argued that the new drug testing policy violates the Fourth Amendment and federal laws.

Withrow says a similar lawsuit doesn’t make any federal arguments and he doesn’t expect it to move to federal court. That lawsuit was filed Dec. 5 by the American Civil Liberties Union and the West Virginia Education Association.

Both lawsuits seek an injunction to block the policy, which goes into effect Jan. 1.


Information from: The Charleston Gazette,

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