Webster v. Motorola, Inc.

• Decision Date: 21 July 1994
• Citation: 418 Mass. 425,637 N.E.2d 203
• Parties: , 9 IER Cases 1527 James A. WEBSTER & another 1 v. MOTOROLA, INC., & others. 2
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

Page 203

637 N.E.2d 203

418 Mass. 425, 9 IER Cases 1527

James A. WEBSTER & another ¹ v. MOTOROLA, INC., & others. ²

Supreme Judicial Court of Massachusetts Suffolk.

Argued April 5, 1994.

Decided July 21, 1994.

David A. Hoffman, Boston (Audrey K. Wang & Sarah Wunsch, with him), for plaintiffs.

Paul E. Nemser, Boston (David S. Mackey, with him), for defendants.

Warren M. Davison, Mark A. de Bernardo and John W. Kyle, Washington, DC, for Institute for a Drug-Free Workplace, amicus curiae, submitted a brief.

Before LIACOS, C.J., and ABRAMS, NOLAN, LYNCH and GREANEY, JJ.

NOLAN, Justice.

This case concerns the propriety of a drug testing program instituted by the defendants Motorola Communications and Electronics, Inc. (Motorola Communications) and Codex Corporation (Codex), which are subsidiaries of the defendant Motorola, Inc. (Motorola). The plaintiffs, James A. Webster and Michael P. Joyce, appeal from the summary judgment against them on their claims brought under G.L. c. 12, § 11I (1992 ed.), the Massachusetts Civil Rights Act (MCRA), and Webster appeals the ruling and decision of the trial judge who was also the motion judge in favor of the defendants on his claim under G.L. c. 214, § 1B (1992 ed.), the Massachusetts Privacy Act. The defendants cross appeal the trial judge's decision in favor of Joyce on his claim under c. 214. We granted the defendants' application for direct appellate review. We affirm. The facts follow.

Motorola is an international manufacturer of various electronic equipment and systems. On January 1, 1991, Motorola instituted a universal drug testing program (program) at all of its facilities, including those operated as Motorola Communications and Codex. Before 1991, Motorola's employees were subjected to a urine test prior to their employment and otherwise only "for cause." Under the program, employees are randomly selected by computer for testing. Name selection runs on a cycle, such that each employee is selected at least once in a three-year period.

When selected for testing under the program, employees are notified and instructed to report to a designated collection site located at or in the area of their Motorola facility. On arriving at the testing location, an employee is asked to sign a form authorizing the testing. The employee is given the opportunity to disclose to the technicians any medications he may recently have taken. The employee is then given a cup, and is asked to provide a urine specimen. The employee is directed to a private room in which to produce the specimen. A technician stands immediately outside of the room to listen while the employee urinates. Once provided with the specimen, the technician while in the presence of the employee, examines the specimen for unusual characteristics and records its temperature. The employee is then allowed to leave.

Collected urine specimens are tested by an independent chemical laboratory for the presence of five classes of drugs: marihuana, cocaine, opiates, phencyclidine (PCP), and amphetamines. If a sample tests positive for any of these drugs, it is further tested for barbituates, benzodiazepines, methadone, and methaqualone. Each positive result is reported to a medical review officer (MRO), who is not an employee of Motorola, for verification. An MRO meets with each employee who has tested positive, and asks them about medications and dietary information in an effort to identify any substances which may have affected the testing. The MRO then reviews the test results and the information obtained during the employee interview to verify the positive test result. The MRO is instructed by Motorola to rule on the side of the employee if the MRO has "discussed or seen evidence from the employee that would substantiate a negative rather than a positive test."

A verified positive test result is reported to a designated staff member in the health services department at Motorola's corporate headquarters. The result is then disclosed to a designated personnel professional for the employee's division, who in turn communicates with the employee and a Motorola employee assistance program (EAP) professional. The employee's supervisors are notified only if necessary to restrict the employee's duties or to provide accommodations for the employee. The EAP professional meets with the employee to assess the nature of the employee's drug use. The employee is then referred to an outside provider, who diagnoses the employee and recommends a rehabilitation plan. Rehabilitation plans may include education, out-patient treatment, or in-patient treatment. Employees who refuse to undergo rehabilitation or who otherwise refuse to comply with Motorola's drug testing program are terminated.

James A. Webster was employed by Motorola Communications in Waltham as an account executive. He was an "at-will" employee; his employment relationship with Motorola Communications was expressly terminable "with or without notice at any time, and for any reason." At the inception of his employment in 1988, Webster signed a drug testing consent form, which at that time concerned only preemployment testing and "for-cause" testing. As part of his employment responsibilities, Webster sells communications equipment to various State and local government agencies. His position requires that he drive a company-owned vehicle approximately 20,000 to 25,000 miles a year. On March 2, 1992, Webster was informed that he had been selected for testing. He was tested on March 3, after signing the testing authorization form under protest. He chose to be tested rather than face termination under the program.

Michael P. Joyce was employed at Codex as a principal technical editor. Like Webster, his employment relationship with his employer was "at will." Joyce primarily edited user manuals for data communications equipment. He also designed and developed product documentation and tested documentation against products. Numerous products for which Joyce edited documentation have been sold to the United States Department of Defense (Defense Department) and the Federal Aviation Administration (FAA). On notice of Motorola's program, Joyce objected to Codex management. He was not tested under the program.

This action commenced in the Superior Court on September 26, 1990. The plaintiffs' complaint includes claims under G.L. c. 12, § 11I, and G.L. c. 214, § 1B, and claims for breach of contract and wrongful termination. ³ The plaintiffs seek declaratory and injunctive relief, as well as costs and attorney's fees. The plaintiffs filed a motion for a preliminary injunction, which was denied. After a period of discovery, the defendants moved for summary judgment. The motion judge entered judgment in favor of the defendants on all claims except those brought under G.L. c. 214, § 1B. The plaintiffs filed a motion for reconsideration as to their claims under the MCRA, which was denied.

Trial commenced on June 12, 1992, and was conducted before a judge sitting without a jury. Trial lasted three days. On November 10, 1992, the trial judge issued her findings of fact, rulings of law, and order of judgment. She ruled that Motorola's program violated the privacy act as to Joyce but not as to Webster, and she ordered that the defendants be enjoined from testing Joyce under the program. We address the issues.

1. Massachusetts Civil Rights Act. The plaintiffs assert that the defendants violated G.L. c. 12, § 11I, by interfering or attempting to interfere with their right to privacy. ⁴ They argue that the defendants' conduct constitutes actionable "threats, intimidation or coercion." The motion judge ruled that the alleged conduct of the defendants, as a matter of law, did not constitute a threat, intimidation, or coercion. We agree.

Relief under the Massachusetts Civil Rights Act may be granted where the threat, intimidation, or coercion involves "any interference or attempted interference with any right secured by the Constitution or laws either of the United States or of the Commonwealth." Folmsbee v. Tech Tool Grinding & Supply, Inc., 417 Mass. 388, 392, 630 N.E.2d 586 (1994). In the present case, the defendants conditioned the plaintiffs' continued employment on their submission to the program. The plaintiffs were employed "at will." Thus, the defendants allegedly attempted to interfere with the plaintiffs' rights by threatening the loss of their "at-will" positions. This is not actionable conduct. No physical confrontation is alleged, and because the plaintiffs were employed "at will," they had no contract right to their positions.

Furthermore, "meritorious claims for which this court has granted relief under the Massachusetts Civil Rights Act ... [generally] involve[ ] measures directed toward a particular individual or class of persons." Bally v. Northeastern Univ., 403 Mass. 713, 718-719, 532 N.E.2d 49 (1989). In this case, the plaintiffs' employment was conditional on their participation in the defendants' universal drug testing program. The program involves "indiscriminate, impartially administered testing, and is not comparable with the direct assault found in cases where we have granted relief under the Massachusetts Civil Rights Act." Id. at 719, 532 N.E.2d 49.

Summary judgment was properly entered for the defendants.

2. Right to privacy. The plaintiffs assert that the defendants' universal drug testing program violates the plaintiffs' statutory right to privacy, as provided in G.L. c. 214, § 1B. ⁵ The trial judge concluded that the defendants' program violated the rights of Joyce but did not violate the rights of Webster. Webster argues error in the trial judge's decision, claiming that the defendants' interest in testing him is outweighed by his privacy interests. The defendants argue that the trial judge erred in her determination as to Joyce, claiming that their legitimate business interests outweigh Joyce's privacy interest. There is no error.

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