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Nate applied for a job as a business professor at CSUF. The dean decided that Nate was the best applicant for the job and offered

Nate applied for a job as a business professor at CSUF. The dean decided that Nate was the best applicant for the job and offered him the job on the condition that he pass a drug test. Nate took the drug test and did not pass (positive for marijuana, cocaine and steroids), so the dean withdrew the job offer. Nate sued CSUF on the grounds that he was illegally required to pass a drug test. How should the court rule? Would the ruling be different if Nate were required to take (and failed) the drug test after he had been teaching for three months?

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