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WILLIAM M. O'KEEFE, PLAINTIFF-RESPONDENT/CROSS-APPELLANT
vs.
PASSAIC VALLEY WATER COMMISSION DEFENDANT-APPELLANT/CROSS-RESPONDENT
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Issues:
Pre-employment testing, public employee, Fourth Amendment, policy and procedure.
Case Summary:
William O'Keefe appeals a lower court's ruling in his suit against the Passaic Valley Water Commission. O'Keefe applied for employment with the agency but was not hired. He contends the agency did not hire him because he refused to participate in a pre-employment drug screen. He filed suit against the agency, claiming its drug-testing policy was unconstitutional.. The agency claims other factors led to the decision not to hire O'Keefe.
Decision of lower jurisdiction:
A trial court judge ruled that the agency refused to hire O'Keefe for reasons unrelated to the pre-employment drug test. The court ruled he was entitled to damages. O'Keefe appealed to the Appellate Division, where the court affirmed the ruling of the lower jurisdiction. O'Keefe now appeals.