Takeaways For Employers From ADP V. ExxonMobil

Law360, New York (December 13, 2012, 12:07 PM EST) -- In A.D.P. v. ExxonMobil Research & Engineering Co. (App. Div. Oct. 26, 2012), the Superior Court of New Jersey, Appellate Division reversed in part the lower court's ruling granting summary judgment by holding that defendant ExxonMobil Research and Engineering Company (ExxonMobil) applied a "facially discriminatory" drug and alcohol policy against its employee, plaintiff A.D.P., based on her disability of alcoholism. This article discusses the ramifications of this decision for employer alcohol and drug policies.

Background

Like many employers, ExxonMobil implemented a comprehensive alcohol and drug use...
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