Pilkington Barnes Hind v. Superior Court of S.F.
Opinion
Opinion
Peterson, J.
Petitioner Pilkington Barnes Hind (PBH), a firm which manufactures and markets contact lenses, hired real party in interest John J. Visbal as a managerial employee on the condition that he take and pass a drug test. The test was supposed to be administered prior to commencement of employment, but was not administered until a few days after Visbal was placed on the payroll. Visbal failed the drug test and was terminated. He then sued PBH for wrongful discharge, alleging that the postemployment drug test was in violation of public policy and the right to privacy. PBH filed a motion for summary judgment, arguing that Visbal was still a job applicant within the meaning of Loder v. City of Glendale (1997) 14 Cal.4th 846 [ 59 Cal.Rptr.2d 696 , 927 P.2d 1200 ] (Loder), under which drug testing without individualized suspicion for job applicants, but not current employees, is constitutionally permissible. The superior court denied the motion. PBH seeks a writ of mandate to compel the superior court to grant the motion and enter summary judgment in its favor. After ordering opposition and hearing oral argument, we grant the requested writ.