Employees Refusal to Take Drug Test Could Not Support Age and Gender Discrimination

A federal court in Massachusetts dismissed the age and gender discrimination claims of a long-term employee who was fired after he refused to take a reasonable suspicion drug test. The employee, who worked for FedEx for 22 years as a Business Development Sales Executive, was caught by his supervisor smoking marijuana in his car and was advised to report for drug testing. Although he was aware that he signed an agreement permitting the company to conduct drug and alcohol testing and refusal to submit could result in termination, he denied the test and was terminated at 63 years old. The employee claimed that he was discriminated against due to his age and gender, but the court dismissed each of his claims.

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