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ROE v. CHEYENNE MOUNTAIN CONFERENCE RESORT, INC.

No. 96-1086.

124 F.3d 1221 (1997)

Jane ROE, Plaintiff-Appellant, v. CHEYENNE MOUNTAIN CONFERENCE RESORT, INC., Defendant-Appellee. National Employment Lawyers' Association, Disability Rights Education And Defense Fund, Employment Law Center, New York Lawyers For The Public Interest, The Impact Fund, Equal Employment Opportunity Commission, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

September 2, 1997.

Attorney(s) appearing for the Case

Craig M. Cornish (Melissa L. Phillips with him on the briefs), of Cornish & Dell'Olio, Colorado Springs, CO, for Plaintiff-Appellant.

Glenn H. Schlabs (Raymond M. Deeny and Martha E. Cox with him on the brief), of Sherman & Howard, Colorado Springs, CO, for Defendant-Appellee.

Paul D. Ramshaw (C. Gregory Stewart, General Counsel, Gwendolyn Young Reams, Associate General Counsel, and Vincent J. Blackwood, Assistant General Counsel, with him on the brief), Washington, DC, for Amicus Equal Employment Opportunity Commission.

Douglas A. Hedin, Minneapolis, MN, on the brief for Amicus National Employment Lawyers' Association.

Brad Seligman and Mari Mayeda, Albany, Cal., and Arlene Mayerson and Linda D. Kilb, Berkeley, CA, on the brief for Amici Disability Rights Education and Defense Fund, Employment Law Center, New York Lawyers for the Public Interest, and The Impact Fund. [PA]]

Before KELLY, HOLLOWAY, and WEIS, Circuit Judges.

HOLLOWAY, Circuit Judge.

I

Plaintiff-appellant Jane Roe (a pseudonym used for purposes of privacy) is an accounts manager for the defendant-appellee Cheyenne Mountain Conference Resort (hereinafter CMCR or simply defendant). CMCR employs approximately 500 people and, according to plaintiff, is used extensively by major corporations. In the summer of 1995, CMCR adopted a new Drug and Alcohol Testing Policy (the...

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