UPS Beats Bias Suit by Driver Fired After Failing Breathalyzer

A former United Parcel Service Inc. driver lost his lawsuit alleging he was denied accommodation and illegally fired because the failed breathalyzer test that led to his termination was tainted by his asthma inhaler.

UPS was entitled to summary judgment on the worker’s failure-to-accommodate claim under Washington’s Law Against Discrimination because he didn’t request blood testing as an alternative to a breathalyzer until after he had failed the breath test, the US District Court for the Eastern District of Washington said. The driver was subject to drug and alcohol testing under an agreement with UPS after having previously failed two ...