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.

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