Issues:
Public employee, policy and procedure, reasonable suspicion, Rehabilitation Act.
Case Summary:
Donald Kulinski, a 51-year-old Vietnam war veteran with a history of schizophrenia and paranoia, appeals a district court ruling in favor of his employer, the U.S. Postal Service. The post office, after receiving complaints that Kulinski was observed talking loudly to himself about mass murder and armor piercing ammunition, had ordered Kulinski to undergo a drug test as part of a Fitness for Duty exam. After he tested positive for morphine use, the post office proposed several alternatives which would have allowed him to remain employed on the condition that he participate in the Employee Assistance Program. Kulinski refused and was fired.
Decision of lower jurisdiction:
The U.S. District Court for the District of Maryland ruled against Kulinski, granting the Post Office's motion for summary judgment. Kulinski now appeals.