Pubdate: Thu, 4 Feb 1999 Source: Sacramento Bee (CA) Copyright: 1999 The Sacramento Bee Feedback: http://www.sacbee.com/about_us/sacbeemail.html Website: http://www.sacbee.com/ Forum: http://www.sacbee.com/voices/voices_forum.html Author: Bob Egelko Associated Press Writer COURT SAYS AIRLINE, RAIL WORKERS CAN SUE FOR DISABILITY BIAS SAN FRANCISCO (AP) -- An airline mechanic who says he was fired for using a legal substitute for medical marijuana can sue for disability discrimination, a federal appeals court has ruled in a case affecting railroad and airline workers. A federal judge had dismissed Spero Saridakis' suit against United Airlines, saying workers in federally regulated transportation industries must use union grievance procedures in such cases rather than suing in court. Damages are much more limited in grievances than lawsuits. But the 9th U.S. Circuit Court of Appeals ruled Wednesday that claims of discrimination based on disability can be pursued in court, under federal and state civil rights laws. The court noted that it had previously allowed transportation workers to sue for other types of discrimination, even when their union contract contained grievance procedures for discrimination. The court also said one other appeals court has considered the same issue and reached the same conclusion. Saridakis' lawyer, William Simpich, said the ruling was important because "the whole trend (for employers) is to rely on any available means to prevent workers from getting in front of a jury." William Dritsas, a lawyer for the airline, said the ruling was "unfortunate because it will continue to foster litigation and preclude parties from the more informal grievance resolution process set forth under the collective bargaining agreement." Saridakis worked for United Airlines at San Francisco International Airport from 1984 to 1996. He tested positive for cocaine in a random drug test in 1993. To keep his job, he agreed to submit to random drug tests for another five years and refrain from taking illegal or "medically unauthorized" drugs, the court said. Around the same time, Saridakis' doctor prescribed Marinol to relieve the pain and insomnia he suffered from injuries, the court said, quoting allegations in the lawsuit. Marinol, a legal substance, contains THC, the active ingredient in marijuana. Saridakis said he passed the airline's drug tests for the next 21/2 years, telling the medical review officer each time about the Marinol prescription and never hearing an objection. But after a November 1995 test came back positive, he said, he was told by the review officer that Marinol was "unauthorized" for pain and insomnia. He was fired in May 1996. His suit, claiming violations of the Americans with Disabilities Act and a California anti-discrimination law, was dismissed by U.S. District Judge William Orrick on the grounds that discrimination claims were covered by the union contract. The appeals court disagreed. The union contract "does not define the rights that exist under the ADA," which can be enforced without interpreting the contract, said Judge Michael Hawkins in the 3-0 ruling. Citing a recent state Supreme Court decision, Hawkins said Saridakis could also claim an illegal firing in violation of public policy, which can carry damages for emotional distress and punitive damages. The court said it was making no judgment on the merits of the case, which is still in the pretrial stage. Simpich, Saridakis' lawyer, called him "another victim of the war on drugs" and said one reason for his firing may have been his involvement in needle-exchange programs to protect drug addicts from AIDS. Saridakis has a small business in leather goods but would like to return to the airline, Simpich said. Dritsas, the airline's lawyer, declined to comment on Saridakis' factual allegations, but said United "strongly believes that it did not discriminate against this man." The case is Saridakis vs. United Airlines, 97-17354. - --- MAP posted-by: Joel W. Johnson