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RICHARD W. DRAKE, Plaintiff
vs.
DELTA AIRLINES INC., Defendant.
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Issues:
Random drug testing, FAA, Fourth Amendment, due process, policy and procedure, unemployment benefits.
Case Summary:
Richard Drake files suit against his former employer, Delta Airlines, after he is dismissed from the company. Drake submitted a urine sample as part of the company's program of randomly testing employees for drug use. However, two laboratories confirmed that Drake's sample had been altered at the time it was submitted. The company gave Drake the opportunity to resign. He refused and his employment was terminated. Drake alleges the company's testing policy violated his Fourth Amendment rights. He is seeking reinstatement and back pay.
Decision of lower jurisdiction:
A state review board denied Drake's petition for unemployment benefits. The company filed a motion to dismiss Drake's complaint.
Outcome:
Drake loses: The U. S. District Court for the Eastern District of New York granted the company's motion to dismiss. The court upheld Drake's dismissal and upheld the state's decision to deny unemployment benefits to Drake.