NJ Court Sees Bias In Exxon Employee Alcohol Testing

Law360, New York (October 26, 2012, 7:17 PM EDT) -- Forcing an alcoholic employee to undergo random breathalyzer testing and firing that employee for a positive test, all without evidence of poor job performance, may amount to unlawful discrimination, a New Jersey appellate court ruled Friday, overturning summary judgment for ExxonMobil Research and Engineering Co.

The appellate court reversed summary judgment for ExxonMobil on the employee's claim of disability discrimination under the New Jersey Law Against Discrimination, though it did uphold summary judgment for the company on the employee's claim that her termination violated public policy....
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