Labor & Employment Law

Involuntary testing for drugs

By Harvey Randall, Esq.

Involuntary testing for drugs

DiCicco v Wyandanch Volunteer Fire Dept., App. Div., Second Dept., 284 A.D.2d 459

The Appellate Division, 2nd Department, upheld the Wyandanch Volunteer Fire Department's [WVF] terminating Thomas DiCicco from membership in the Department because he refused to submit to a drug test within 24 hours of his being notified to undergo such a test pursuant to the WVF's random drug-testing policy.

Applying the Pell doctrine [Pell v Board of Education, 34 NY2d 222], the court said the penalty of dismissal is not so disproportionate to the offense as to be shocking to one's sense of fairness.

The Appellate Division also noted that DiCicco was told that he could reapply for membership in WVF in the future.

Full post as published by New York Public Personnel Law on March 06, 2008 (boomark / email).