An employee who twice failed to complete a substance abuse treatment program was not protected by either the ADA or FMLA, according to the Fifth Circuit. Shirley v. Precision Castparts et al (5th Cir. August 12, 2013). The employer terminated the employee for leaving a treatment program prior to being properly discharged, as required by
Rehabilitation
Former Drug User May Be Current Drug User Under the ADA
By Jackson Lewis P.C. on
Posted in ADA
It seems anomalous for an individual to be both a former and current user of illegal drugs at the same time. But perhaps not so anomalous under the ADA, according to the Tenth Circuit’s recent decision in Mauerhan v. Wagner Corporation.
The ADA exempts from its protection those who are current users of illegal drugs…
Electronic Book Readers Must Meet ADA Accessibility Requirements, says DOJ
By Jackson Lewis P.C. on
Posted in ADA
Emerging technology clashes with ADA accessibility requirements, as the U.S. Department of Justice and U.S. Department of Education warn colleges and university about requiring classroom use of electronic readers. In an open letter to college and university presidents, the federal departments "express[ed] concern" that some electronic book readers "lack an accessible text-to-speech function," making…
Burning Down the House: Considering the “Worst Case Scenario” In Determining Whether an Obese, Diabetic Employee is Qualified
By Jackson Lewis P.C. on
Posted in Uncategorized
We readily conceded that our recent post concerning the Hooters waitress placed on “weight probation” was “not your typical weight discrimination” case. Here is a more typical one, which also addresses whether an employer may consider the “worst case scenario,” so to speak, in determining whether an employee is a qualified individual with a…