The American Civil Liberties Union is supporting Kevin R. Johnson, who was fired from Morton Thiokol after two positive tests for marijuana.
Johnson, who had an accident with a company vehicle on Sept. 21, 1987, was tested for drugs according to company policy and tested positive for marijuana. Johnson was never charged with coming to work under the influence of drugs, or that his use of marijuana affected his work. So an administrative law judge for the Utah Department of Employment Security ruled Johnson was eligible for unemployment benefits.But the state Industrial Commission's Board of Review reversed that decision and stripped Johnson of unemployment benefits.
Michele Parish-Pixler, acting executive director for the ACLU, said the case could have broad impact.
"The ACLU holds that it is unfair to deny unemployment benefits to an individual when he is not charged with any wrongdoing," according to a release. "In effect the Board of Review has unfairly set any dismissal with relationship to drugs into a classification of its own," she said.