Hawaii ‘s Supreme court said that an employee’s conviction must bear a rational relationship to the employee’s job before it can take action. Wright, a Home Depot employee with about one year tenure applied for a promotion to department supervisor. During the review period for the promotion, Wright was tested for drugs twice. Both test were negative. Home Depot also conducted a criminal background check on Wright as part of the review. The check uncovered Wright’s drug conviction and Home Depot fired him. (Description based on information provided in Legal Report in March, 2007 Security Management magazine.)
For summary of the courts findings go to Wright v. Home Depot, Hawaii Supreme Court, No. 27190,2006
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