On November 12, 2014, the Court of Appeals issued its decision in favor of Quest holding that Plaintiff’s request to do DNA testing on a urine sample was preempted by The Federal Omnibus Transportation Employee Testing Act of 1991 (“FOETA”). Plaintiff was a school bus driver subject to mandatory drug testing under FOETA. Urine samples submitted by Plaintiff tested positive for cocaine, and he alleged negligence against the collection facility. Plaintiff alleged the urine was not his and demanded DNA testing. The Court of Appeals overturned the trial court’s ruling mandating production of the urine sample, and held no DNA testing was allowed under FOETA. See App. No. C-130810, 1st Dist. Ohio.
Perez & Morris regularly counsels and represents employers on issues related to drug and alcohol testing, including drafting policies and procedures to protect employers and best position them to be able to defend against claims. Contact Bob Nichols, John Perez or Sarah Perez for more information regarding our experience in this area.
