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NEVADA EMPLOYMENT SECURITY DEPARTMENT STANLEY P. JONES IN HIS CAPACITY AS EXECUTIVE DIRECTOR AND LINDA K. LEE IN HER CAPACITY AS CHAIRWOMAN OF THE NEVADA EMPLOYMENT SECURITY DEPARTMENT BOARD OF REVIEW; CAROL STEWART IN HER CAPACITY AS A MEMBER OF THE NEVADA EMPLOYMENT SECURITY DEPARTMENT BOARD OF REVIEW AND WALT HENDERSON IN HIS CAPACITY AS A MEMBER OF THE NEVADA EMPLOYMENT SECURITY DEPARTMENT BOARD OF REVIEW AND HOTEL SAN REMO, Appellants
vs.
CYNTHIA HOLMES Respondent.
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Issues:
Cocaine, unemployment benefits, policy and procedure, random testing.
Case Summary:
Nevada officials appeal a lower court's decision to grant unemployment benefits to a worker who tested positive in a random drug test. Officials at the Hotel San Remo dismissed Cynthia Holmes after she tested positive for cocaine in a random drug test. Holmes produced a positive result in the company's hair-testing program. A second test confirmed a positive result. Holmes applied for unemployment benefits, but a state review board rejected her application. The board ruled that Holmes was dismissed for misconduct. Holmes filed an appeal and challenged the reliability results gathered through hair testing.
Decision of lower jurisdiction:
A circuit court reversed the state review board's decision and awarded unemployment benefits to Holmes. The court questioned the reliability of results gathered through hair-testing and ruled there was insufficient evidence to warrant a denial of benefits. The state now appeals.
Outcome:
The state wins. The Nevada Supreme Court reversed the lower court's action and denied Holmes any benefits. The court ruled the lower jurisdiction erred when it rejected the reliability of hair testing. The court ruled that Holmes was dismissed for misconduct and was disqualified from receiving any unemployment benefits.