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.