BNSF Railway Co. v. Department of Transportation
United States District Court for the District of Columbia
566 F.3d 200 (2009)
- Written by Kelsey Libby, JD
Facts
In response to concerns about cheating, the United States Department of Transportation (the department) (defendant) adopted new drug-testing rules that required transportation-industry employers to use partial disrobing and direct observation of all employees undergoing return-to-duty urinalysis drug testing. Partial disrobing required employees to raise their shirts above the waist and push down their lower clothing to reveal their genitals prior to the test. Direct observation required a same-sex observer to watch the urine leave the employee’s body and enter the container. The department considered ample evidence concerning the increasing number of devices readily available on the market designed to help users cheat on drug tests and an official report demonstrating that the existing regulations were insufficient to prevent cheating with such devices. BNSF Railway Company and various industry groups (plaintiffs) filed suit against the department, asserting that the new rules violated the Administrative Procedure Act (APA) and the Fourth Amendment of the United States Constitution.
Rule of Law
Issue
Holding and Reasoning (Tatel, J.)
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