Semore v. Pool

In Semore v. Pool (1990) 217 Cal.App.3d 1087, the Court concluded an employee's termination for failing to submit to a pupilary eye reaction test to determine if an employee was under the influence of drugs was a normal part of the work relationship in that case and the exclusive remedy of the workers' compensation law applied to an intentional infliction of emotional distress cause of action. (Id. at pp. 1092-1093, 1104.) However, the court noted this test was "far less intrusive and burdensome than . . . blood, urine or breath tests." (Id. at p. 1099.) Additionally, because the employer operated a large chemical plant, the court recognized it might have had legitimate safety concerns for certain employees. (Id. at p. 1100.)