Carl Willner, Appellee v. Richard L. Thornburgh, et al., Appellants, 928 F.2d 1185

Summary

The applicant, an attorney, submitted a resume to the Department of Justice. After several interviews, he received and accepted a conditional offer to join the department as a trial attorney. In connection with his employment application, the applicant completed an extensive form setting forth detailed information about himself. The Federal Bureau of Investigation then conducted an investigation. On the form, the applicant denied having used illegal drugs during the previous five years. He refused to comply with the Justice Department's request that he provide a urine sample. The district court permanently enjoined the department from testing applicants for positions when employees occupying those positions could not be tested. The Justice Department challenged the ruling. The appellate court weighed the privacy interest of the applicant against the interests of the Department of Justice and concluded that urine tests of applicants for positions as attorneys with the department did not ...