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Kosmicki v. Burlington Northern & Santa Fe Railway Company, No. 08-1511 (8th Circ. October 27, 2008)

Articles Discussing Case:

Company’s Adherence To Policies Can Defeat “Regarded As Disabled” Claim.

Ogletree Deakins • November 14, 2008
For the second time in less than a month, a federal appeals court has addressed the issue of whether the termination of an employee, when based upon that individual’s use of prescription medication, leads to the conclusion that the employer regarded the employee as “disabled.” On October 16, the 6th U.S. Circuit Court of Appeals found that an employer’s decision not to recall an individual from layoff based upon that employee’s use of opiate-based prescription medication did not violate the ADA. In that case, the court held that the company did not perceive the employee to be precluded from a broad range of employment positions and, therefore, did not perceive him to be disabled. Daugherty v. Sajar Plastics, No. 05-02787 (6th Circ. October 16, 2008). On October 27, the 8th U.S. Circuit Court of Appeals came to the same conclusion in a similar case, by way of a different rationale.