[wiaattorneys] WIA Applicants & Participants - Drug Testing?

  • From: "W. Russell Barger" <WBarger@xxxxxxxxxxxxxxx>
  • To: wiaattorneys@xxxxxxxxxxxxx
  • Date: Tue, 13 Mar 2007 09:33:09 -0500

Ladies and gentlemen:

Upon a recommendation from John Albin, I am soliciting comments from you 
any of you about drug testing in your WIA program populations. 

In particular:

1.  Have any of you had your WIA adult, dislocated worker and/or youth 
programs engage in drug testing of applicants or participants? 

2.  At what stage in the application or participation process was this 
drug testing done? 

3.  Were you able to use WIA Title I funds to pay for these tests as part 
of the application or participation costs? 

4.  Did any program have random drug testing during participation?

At the outset, there is some tension between the 4th Amendment Search and 
Seizure prohibition, and the fact that federal fund recipients must not 
use drugs while receiving federal program funds.  41 USCA 702(a) (2). Drug 
testing looks to be an open door to litigation to me.

I would appreciate your advice if you have dealt with these kinds of 

W. Russell Barger, Legal Counsel
Nebr. Workforce Development, Dept. of Labor
P.O. Box 94600
Lincoln, NE  68508
t. (402) 471-9912
f. (402) 471-9917

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