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 program
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…