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| Case Name | David Maxwell v. Home Depot USA | |
|---|---|---|
| Date | 12/22/2010 | |
| Note | Home Depot defeated a former employee's suit alleging disability discrimination and other causes of action by showing that it terminated him for violating its longstanding drug policy, according to a decision from the 2nd District Court of Appeal. | |
| Citation | B222844 | |
| WCC Citation | WCC 36952010 CA |
David Maxwell (Maxwell) tested positive for methamphetamine and was terminated from his job at Home Depot USA, Inc. (Home Depot). In 2000, Home Depot hired Maxwell to work with the night crew in its store in Monrovia. Home Depot terminated Maxwell because of his physical disability and his requests for medical leave and accommodation. Regardless, Home Depot argued that Maxwell could not prevail because he could not prove that Lipich unlawfully harassed him. Maxwell alleged that Home Depot and Lipich "engaged in outrageous conduct and an abuse of authority by subjecting [Maxwell] to illegal discrimination, harassment and retaliation. "
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