Mandatory Follow-Up Alcohol Testing Violates Rights of Alcoholic Employees, NJ Appeals Court Concludes

A workplace policy requiring all employees who self-identify as in need of substance abuse treatment to submit to random alcohol testing following their return to work constitutes disability discrimination on its face, according to a recent published decision of the New Jersey Appellate Division, A.D.P. v. ExxonMobil Research and Engineering Co., No. A-4806-10T4 (Oct. 26, 2012).