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Argued: April 3, 2001

OPINION OF THE COURT

This appeal challenges the unwritten policy of a state regulated Sewage Authority to subject its superintendent to urinalysis drug testing. Gregory Kerns, the plaintiff, sought employment in 1997 as the superintendent of a waste-water treatment facility operated and maintained by the Chalfont-New Britain Township Joint Sewage Authority (“the Authority”). During his interview, the Authority informed Kerns that he would be required to undergo and pass a drug screening urinalysis as a condition of employment. He agreed and was permitted to make his own arrangements for the testing. He failed. He requested and the Authority granted another opportunity for testing and this time he passed. About 60 days later, the Authority asked Kerns to undergo another urinanalysis. He expressed no objection, provided a urine sample, and tested positive for marijuana. Kerns, still on probationary status, was discharged.

 
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