An airlines employee fired after failing a drug test can sue for disability discrimination, the 9th U.S. Circuit Court of Appeals ruled last week.
United Airlines terminated employee Spero Saridakis after he tested positive for marijuana on a random drug screen. The airline’s medical review officer (MRO) refused to reverse the positive result even though Saridakis had a valid prescription for Marinol, a legal marijuana substitute. Standard drug tests do not distinguish between the use of Marinol and marijuana.
Saridakis argues that his dismissal violates the Americans with Disabilities Act. Saridakis takes Marinol to treat pain and insomnia stemming from prior injuries.
Without ruling on the merits of the case, the three judge panel unanimously agreed that Saridakis’ claim of discrimination based on disability can be pursued in court. The ruling reverses a lower court decision dismissing Saridakis’ case because he failed to contest his termination under standard union grievance procedures.
“No employer has the right to discipline or dismiss an employee for using a legal drug prescribed by a physician,” NORML Executive Director R. Keith Stroup, Esq. said. “This is another example of the ‘War on Drugs’ run amok.”
For more information, please contact either Keith Stroup of NORML @ (202) 483-5500 or NORML Foundation Litigation Director Tanya Kangas @ (202) 483-8751.