Random, pre-employment and testing, evidence. policy and procedure

Officials at Yellow Freight System, Inc., file suit to block an order from the Vermont Attorney General. Yellow Freight, a trucking company with operations throughout the country, subjected a Vermont worker to a standard drug test as required by company policy and federal law. The worker tested positive and was suspended and instructed to complete a treatment program. Company officials allowed the worker to resume his duties after he completed the treatment program. The Attorney General's office informed Yellow Freight officials they owed the worker back pay for the time he was suspended. The Attorney General also told Yellow Freight Vermont law allows only pre-employment drug testing and testing "for cause." The company challenged the Attorney General's interpretation, claiming the ruling violated several federal regulations concerning mandatory drug testing. Yellow Freight and the Attorney General filed separate motions for summary judgment.

This is the first judicial review of this case.

Yellow Freight wins. The U.S. District Court for the District of Vermont granted the company's motion for summary judgment. The court enjoined the Attorney General from enforcing the state's drug testing provisions in cases involving federal drug testing regulations.