A Federal Appeals Court in San Francisco just ruled that it's OK for an employer to refuse to hire someone who has ever tested positive for marijuana or other drugs, even if the applicant has been clean and sober for years.
The Ninth U.S. Circuit Court of Appeals in San Francisco stated, after a 2-1 decision, that the rule "imposes a harsh penalty on applicants who test positive," and could seem unreasonable because many drug and alcohol users do recover. But the Pacific Maritime Association's policy was adopted for safety purposes and not to single out former drug users, according to the ruling. The Pacific Maritime Association controls hiring in the West Coast longshore industry.