Elsewhere in the Courts: Drug Testing

A prospective employee filed a lawsuit against a California company, Longs Drug Stores, after he was asked to answer a question about drug convictions on a job application. The application asked whether the applicant had been convicted of a crime involving the use or possession of illegal drugs in the previous seven years. Under California law, it is illegal to ask about drug convictions that are more than two years old. However, a California appellate court ruled in favor of the defendant finding that a federal law, the Combat Methamphetamine Epidemic Act of 2005, preempts the state statute. (Rankin v. Longs Drug Stores California, Inc., California Court of Appeal, No. D052124, 2009)



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