Legal Opinion
David J. Hodge v. Texaco, Inc.
Court of Appeals for the Fifth Circuit
Decided November 12, 1992No. 91-4559PublishedCited by 14 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
We deal with the applicability of the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. to workplace drug tests. We find that the FCRA may apply to drug tests in some circumstances, but that the tests in this case are excluded from coverage under the “transactions and experiences” exclusion. 15 U.S.C. § 1681a(d). Accordingly, we affirm the judgment of the district court.
I
David Hodge was employed by Texaco as an oil field pumper. Texaco tests its employees for drug use as part of evaluating its employees’ “fitness for duty.” Mobile Health Services…
2Cases cited6 opinions
- Selma Smith v. First National Bank of AtlantaCourt of Appeals for the First Circuit · 1988
- Karon L. Comeaux Sherrika Marzette Comeaux v. Brown & Williamson Tobacco CompanyCourt of Appeals for the Ninth Circuit · 1990
- Porter v. Talbot Perkins Children's ServicesDistrict Court, S.D. New York · 1973
- Peller Ex Rel. Peller v. Retail Credit Co.District Court, N.D. Georgia · 1973
- Hodge v. TEXACO USADistrict Court, W.D. Louisiana · 1990
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Leroy Nunnally, Jr. v. Equifax Information ServiceCourt of Appeals for the Eleventh Circuit · 2006
- Owner-Operator Independent Drivers Ass'n v. USIS Commercial Services, Inc.Court of Appeals for the Tenth Circuit · 2008
- Johnson v. Federal Express Corp.District Court, M.D. Alabama · 2001
- Lewis v. Ohio Professional Electronic, Network LLCDistrict Court, S.D. Ohio · 2002
- Dawson v. Bank of America, N.A.Court of Appeals for the Fifth Circuit · 2015
9 more not listed; retrieve them via the Exa API.