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Jevic v. Coca Cola Bottling Co., U.S. District Court for the District of New Jersey (5 IER Cases 765), Decided June 6, 1990
Decision: An employer does not violate public policy when it discharges or refuses to hire job applicants who test positive for drug use, but a cause of action for wrongful discharge could be brought and upheld if an employer is found to have negligently administered its drug testing program, since the obligation to perform tests accurately is a matter of public policy.
Background: Donald Jevic was required to undergo a pre-employment drug test as part of the application process for a sales manager position. Jevic was conditionally offered the job, but that offer was revoked when Jevic tested positive for marijuana.
Jevic argued that the test was inaccurate as he had not smoked marijuana in over a year. He proceeded to take an independent drug test which returned a negative result. The company denied him a chance to take the pre-employment test again and he brought the case to court.
Court’s Opinion: The U.S. District Court for the District of New Jersey sided with the employer. The court noted that Jevic did not have to take the pre-employment test. If he felt the test was intrusive, degrading, or humiliating, his ever-present option was to walk away.
However, the court also found that although an employer has the right to require its employees to submit to drug testing, it has an obligation to perform those tests accurately. If an employee is found to have been discharged based upon a false positive test result, he or she may institute an action for wrongful discharge (negligent test administration) against the employer.