Ninth Circuit Issues Published Pro-Employer Ruling in Recovered Addict Disability Discrimination Case

By: Jason C. Ross, HFM Labor & Employment Associate California and Federal anti-discrimination laws generally preclude qualified employers from discriminating against employees “because of” protected attributes and classes, including certain disabilities. One protected disability under both California and Federal employment law is rehabilitated drug addicts. In a recent California case, the federal Ninth Circuit Court of Appeals considered the legality of an employer policy forever disqualifying job applicants from employment if they ever failed the employer’s pre-employment drug screen. (Lopez v. Pacific…

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