No bias in one-strike drug screening rule for employment

The Court of Appeals upheld a shipping port association’s and unions’ “one-strike rule” that eliminates applicants who fail a pre-employment drug screening from any future employment. The 2-1 ruling Wednesday in Santiago Lopez vs. Pacific Maritime Assn. et al. upheld a judgment dismissing his complaint, which alleged the denial of employment violated the Americans with Disabilities Act and the Fair Employment and Housing Act. Mr. Lopez, who applied to be a longshoreman in 1997, was denied employment by Pacific Maritime when he tested positive for marijuana. Pacific Maritime, which represents the shipping lines, companies and terminal operators that run ports along the U.S. West Coast, has a “one-strike rule” that permanently disqualifies job applicants who fail the pre-employment drug test. Mr. Lopez, who in court documents said he was addicted to drugs at the time of his screening, reapplied in 2004 after undergoing treatment. Pacific Maritime rejected his subsequent application based on his drug test, which Mr. Lopez argued discriminated against him on the basis of his protected status as a rehabilitated drug addict. Nonetheless, the ruling was upheld and this is sure to be a case that is looked back on in the future, when similar cases are surely filed.]]>