Bloomberg Law
March 15, 2023, 3:46 PM

Worker Fired for Positive Drug Test Lacked ADA Claim, Court Says

Mary Anne Pazanowski
Mary Anne Pazanowski
Legal Reporter

A Greensboro, N.C., investment group beat a lawsuit by a former employee who alleged the company fired her in violation of the Americans with Disabilities Act for her off-hours use of CBD to manage anxiety.

Tonya Anderson didn’t prove that she is a person with a disability, the US District Court for the Middle District of North Carolina said. Nor was she able to show that Diamondback Investment Group LLC’s reason for her discharge—a failed drug test—was pretextual, the court said in an opinion granting the employer judgment as a matter of law.

Anderson worked for Diamondback from Oct. 20, ...