Austal USA, LLC v. Alabama Department of Labor

THOMAS, Judge.

Austal USA, LLC (“Austal”), appeals from a summary judgment of the Mobile Circuit Court (“the trial court”) in favor of the Alabama Department of Labor (“the department”).

Austal’s principal place of business is located in Mobile where it builds ships for the United States Navy. Kenneth Johnson became employed by Austal as an electrician- on May 9,. 2012, On September 5, 2014, pursuant to Austal’s “Drugs and Alcohol Zero Tolerance Policy” (“the drug policy”), Johnson was randomly selected for a drug test. Johnson submitted to a drug test (“the preliminary drug test”) that was…