A three-judge panel of the Ninth Circuit U.S. Court of Appeals has ruled 2–1 that a jury should decide whether a terminated employee can use an employer’s alleged lackadaisical drug testing policy and the facts surrounding the timing of a pre-employment drug test to prove that the real reason for his termination was disability discrimination under California law.
The court’s decision in Espindola v. Wismettac Asian Foods, Inc., No. 21-55534 (9th Cir. June 24, 2022), serves as a useful reminder that even if an employer is following applicable law related to pre-employment drug testing, the employer may be required to show the policy was applied consistently to avoid potential liability.
Members of the Center for Workplace Compliance (CWC) can read more here.