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In Jennings v. Leon, a job applicant sued the Kings County Hospital Center, (NYC Health & Hospitals Corp.), and others, alleging that he been wrongfully denied employment on the basis of two drug-screening tests, which the applicant had failed. The Kings County Supreme Court vacated the hospital's decision, finding that a hearing was needed to address the applicant's contentions, including whether he suffered from a drug-related disability.
On appeal, the Appellate Division, Second Department, reversed and dismissed the applicant's case on the merits. Since the applicant was aware that employment was subject to a physical examination (which included a drug screening) and knowingly consented to the process and procedure, there was a "diminished expectation of privacy," and thus no "unreasonable search and seizure or ... unconstitutional intrusion."
The appellate court also refused to embrace the applicant's disability-related contentions -- finding no Human Rights Law violation had been asserted -- and concluded that the hospital "had a legitimate and substantial interest in ensuring that the [applicant] did not use illegal drugs because he was seeking a position as a security officer for a substance abuse clinic."
This one makes sense.
For a copy of the Appellate Division's decision in Jennings v. Leon, please click on the following link: