LOCAL JURY FINDS WAL-MART DRUG-TESTING POLICY ILLEGAL

CLARKSBURG -- A local man will seek compensatory and punitive damages after
a jury found his former employer used an illegal drug and alcohol testing
policy.

Circuit Judge John Lewis Marks Jr. presided over the Harrison County jury
on Friday that concluded the New Pointe Wal-Mart Supercenter's testing
program violates West Virginia law. The two-man, four-woman panel ruled
that the company's practice of requiring employees who receive medical
treatment for on-the-job injuries to undergo blood and urine testing
constitutes an invasion of privacy.

The jury further recommended that punitive damages be entered against
Wal-Mart, but ruled against Brad Rohrbaugh on his claims for discrimination
based on a perceived disability and on his filing of a workers'
compensation claim for the injury.

According to court records, Wal-Mart forced Rohrbaugh, who was a stockman
in the toy department, to undergo drug and alcohol testing after he
suffered a back injury.

"The alcohol and drug test results were negative, but he was fired six
weeks later for attendance issues," said Mike Florio, Rohrbaugh's attorney
in Clarksburg.

Rohrbaugh was injured while removing up to 300 bicycles from the ceiling of
the store, said Florio.

Florio explained that in West Virginia you must be awarded compensatory
damages to receive punitive damages. Therefore he plans to ask for a new
trial to determine damages.

Tom Williams, a Wal-Mart media spokesman with the home office in Arkansas,
said the company is generally pleased by the verdict.

"The jury did rule against Rohrbaugh on the disability and compensation
claim. On the invasion of privacy, they did not award compensatory damages.
So, I would say overall we are pleased."

"We believe there are some compensatory damages for being forced to give a
blood and urine test. Otherwise it wouldn't be illegal," said Florio.

West Virginia law generally prohibits mandatory drug or alcohol testing
except where the drug-testing program involves public safety issues or
where the employer has reason to believe the employee is under the
influence, Florio said.

"An across-the-board drug testing program that applies when employees are
injured is illegal," said Florio. "Many employers want to conduct
post-accident testing because a positive result will give them evidence
they can use to defeat the employee's workers' compensation claim. State
law, however, does not permit this approach."