A.D.P. v. Exxonmobil Research & Engineering Co.

The opinion of the court was delivered by

ESPINOSA, J.A.D.

In this appeal, we consider whether summary judgment was properly granted to an employer that required a long-term employee whose job performance was satisfactory to submit to random alcohol testing and terminated her employment when a test showed she had used alcohol. Because the record revealed that the basis for the testing and termination was the employee’s voluntary disclosure that she was an alcoholic and not the result of inadequate job performance, the imposition of these conditions constituted direct evidence of discrimination.…