One-strike rule for employment drug testing ruled ok

According to a recent ruling from the 9th U.S. Circuit Court of Appeals, a hiring policy that permanently disqualifies job candidates from future employment for failing a so-called ‘one strike rule’ drug test that eliminates from consideration job applicants who test positive for drug or alcohol use during the pre-employment screening process does not violate the either Americans with Disabilities Act of 1990 (ADA) or the protection of rehabilitated drug addicts under California employment law. In the case, the Plaintiff, who wanted to be a longshoreman, applied back in 1997 but was addicted to drugs and alcohol at the time, and therefore was refused the job after failing a drugs test due to the companies ‘one-strike rule’. Seven years later, in 2004, by which time he was completely sober, the Plaintiff reapplied to be a longshoreman, but the Defendant rejected the Plaintiff’s application under its employment screening policy due to his disqualification arising from this ‘one-strike rule’ drug test. The Plaintiff claims this to be unfair, and that the second disqualification violates the protection of rehabilitated drug addicts. However, the Defendant countered that job applicants who could not abstain from using an illegal drug – even after receiving an advanced notice of seven days about the drug test – showed less responsibility and interest in the job than applicants that passed the drug test. Furthermore, the Defendant claimed that the Plaintiff was not offered the job due to failing a drug test, and not because he was an addict. In its ruling, the 9th Circuit Court of Appeals affirmed that the Defendant’s “one strike rule bars applicants based on conduct, testing positive for illegal drugs, regardless of whether their failed test was attributable to recreational drug use or an addiction,” and also held that the ‘one strike rule’ drug test policy for employment screening did not violate the law because the “rule eliminates all candidates who test positive for drug use,” and not just those whose test results were based on addictive use of drugs.]]>