One-Strike Drug Rule Not An ADA Breach: 9th Circ.

Law360, New York (March 2, 2011, 5:04 PM EST) -- A longshore industry association's so-called one-strike rule enforcing a lifetime hiring ban for job applicants who test positive for drug use does not violate the Americans with Disabilities Act, the Ninth Circuit ruled Wednesday.

Plaintiff Santiago Lopez failed to prove that the Pacific Maritime Association had intentionally discriminated against him because of his protected status or that its drug test rule disparately affects drug addicts, the U.S. Court of Appeals for the Ninth Circuit ruled.

“The one-strike rule imposes a harsh penalty on applicants who test...
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