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HODGE v. TEXACO, INC.

No. 91-4559.

975 F.2d 1093 (1992)

David J. HODGE, Plaintiff-Appellant, v. TEXACO, INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 12, 1992.

Attorney(s) appearing for the Case

John S. Hodge, Davidson, Nix & Arceneaux, Shreveport, La., for plaintiff-appellant.

Charles C. Garrison, Patrick T. Caffery, Caffery, Oubre, Dugas & Campbell, New Iberia, La., Charlene Suzanne Dittmer, Texaco, Inc., Legal Dept., New Orleans, La., for Texaco.

Nora M. Stelly, Joel E. Gooch, Allen, Gooch, Bourgeois, Breaux, Robison & Theunissen, Lafayette, La., for Laboratory.

Lynn H. Frank, Joseph R. Ward, Jr., Ward & Clesi, New Orleans, La., for Consolidated.

Don G. Holladay, Laura B. Hood, Andrews, Davis, Legg, Bixler, Milsten & Price, Oklahoma City, Okl., for American Drug.

Before REAVLEY, HIGGINBOTHAM, and DeMOSS, Circuit Judges.

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...

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