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Labor/Employment

Sep. 27, 2011

One-strike rule for drug use by job applicant upheld

Employers can disqualify an applicant permanently from future employment if he or she fails the drug test. By Scott A. Freedman of Morris Polich & Purdy LLP


On Sept. 21, the 9th U.S. Circuit Court of Appeals issued its decision in Lopez v. Pacific Maritime Association, 2011 DJDAR 14348, finding that the Americans with Disabilities Act and the Fair Employment and Housing Act do not protect people who are using illegal drugs when they apply for a job. Companies may lawfully exclude job applicants who were using illegal drugs when they apply for a job, and a disparate impact claim will fail absent any evidence that the pra...

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