Can Federal Courts Grant Federal Employees Equitable Relief From Unconstitutional Employment Practices?
Whitman v. Department of Transportation Docket No. 04-1131 From: The Ninth Circuit Case at a Glance Terry Whitman, an air traffic assistant, objected to being repeatedly tested for drugs despite having tested negative each time. After the Federal Labor Relations Authority rejected his complaint, Whitman sued the Department of Transportation in federal court, alleging violations of his constitutional rights and seeking equitable relief. The district court dismissed his complaint and the Ninth Circuit affirmed, holding that under the Civil Service Reform Act his sole remedy was the grievance procedure negotiated in his collective bargaining agreement. • Previewed by Robert Yates, a former managing editor of the ABA Journal and an Evanston, Ill., free-lance writer and editor specializing in legal affairs.
