Swaters v. DOT, No. 14-1277 (D.C. Cir. 2016)Annotate this Case
Petitioner, a former pilot with Spirit Airlines, challenges the DoT's refusal to consent to the release of the urine sample it says petitioner produced for a mandatory drug test. Because the sample tested positive for controlled substances, petitioner lost his job and airman medical certificate. The court held that neither the DoT’s general rule against releasing urine samples for DNA testing, nor its refusal to release the sample in this case, is arbitrary, capricious, or contrary to the Omnibus Transportation Employee Testing Act of 1991, Pub. L. No. 102-132, 105 Stat. 952. The court also held that petitioner's constitutional challenges to the rule fail. Accordingly, the court denied the petition for review.