How have courts dealt with the issue of workplace drug use?

And we conclude this is particularly true given that those plaintiffs found in violation of the drug policy themselves executed return to work agreementsthe legality of which they do not directly challenge. In these agreements, they specifically accepted mandatory counseling (as well as follow-up drug testing) in exchange for the right to continue their employment. There is nothing inherently suspect about this quid pro quo. (See Mararri v. WCI Steel, Inc. (6th Cir. 1997) 130 F.3d 1180, 1182 [affirming summary judgment in employer's favor in a retaliation case where the employee was terminated for

Page 29