Random drug testing, Americans with Disabilities Act, employer liability, evidence, policy and procedure, safety

Abigail Castro, a former employee of the Child Psychology Center, claims the center violated the Americans with Disabilities Act. Castro worked as a program assistant at the center and frequently assisted with transporting students. Castro also frequently experienced migraine headaches and informed her supervisor when the headaches occurred. During a routine random drug test related to her transportation duties, Castro tested positive for illegal drugs. Castro insisted a medicine prescribed for her migraines caused the positive test result. Administrators at the CPC terminated Castro's employment. Castro subsequently filed suit, claiming the center's action violated the ADA.

This is the first judicial review of this case.

Castro wins. The U.S. District Court for the Eastern District of Pennsylvania ruled Castro was entitled to protection under the ADA's provision for reasonable accommodation of her illness. The court also ruled Castro was entitled to damages related to her dismissal.