Judges Appear Open to Reviving EEOC Drug Use Disability Case

A panel of appeals judges seemed receptive Monday to the EEOC’s request that it revive a disability bias case because the district court incorrectly threw out evidence of discrimination against a job applicant who disclosed use of pain medication for treatment.

The Equal Employment Opportunity Commission told the US Court of Appeals for the Ninth Circuit during oral arguments that a federal court in Washington state erred in dismissing the claims mid-trial and abused its discretion in striking an email and related evidence that offered proof of disability discrimination by Covius Services.

The Ninth Circuit will consider whether to vacate ...