A federal court in Pennsylvania has allowed an employee to proceed with a wrongful discharge/invasion of privacy claim related to her discharge after a positive drug test result.Plaintiff, a 58-year old school bus driver, was terminated after taking a random drug test pursuant to her employer’s written policy and testing positive for opiates (including codeine). Plaintiff alleged that she was prescribed medications containing opiates and/or codeine due to migraines and sciatica. She asserted claims under the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Pennsylvania Human Relations Act, and wrongful discharge/invasion of privacy. When the employer moved to dismissed the complaint, the Court dismissed the age discrimination claim, but allowed Plaintiff to proceed with all other claims.
Pennsylvania Employee Proceeds With Invasion of Privacy Claim Arising out of Positive Drug Test Result
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