Hansen v. Department of Homeland Security

Following a positive drug test, DHS removed Hansen from his position as an Information Technology Specialist for U.S. Customs and Border Protection. After failing the drug test, Hansen had submitted a letter to the agency, claiming that he had unknowingly consumed pot brownies prepared by a friend-of-a-friend’s neighbor, a stranger to him, at a barbeque. The Merit Systems Protection Board affirmed. Hansen appealed, arguing that the Board improperly assigned him the burden of proving that he inadvertently ingested marijuana, that it erred in finding his position was subject to random drug testing, and that even if it was subject to such testing, he lacked required notice of that fact. The Federal Circuit affirmed, holding that intent is not an element of the charged conduct and that the Board properly required Hansen to introduce rebuttal evidence to counter the government’s showing of nexus and choice of penalty. Substantial evidence supports the Board’s finding that Hansen’s position was designated for random drug testing. View "Hansen v. Department of Homeland Security" on Justia Law