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Ostrowski v. Con-way Freight, Inc., 3d Cir., No. 12-3899, unpubl’d, 10/30/13.

Articles Discussing Case:

Termination of employee for entering alcohol rehab after a last chance agreement not necessarily a violation of the ADA.

Ogletree Deakins • November 25, 2013
One of the questions asked most often by employers relates to whether the enforcement of a “last chance agreement” with an employee who is recovering from drug or alcohol addiction is a per se violation of the Americans with Disabilities Act (ADA) or the Family and Medical Leave Act (FMLA). The 3d U.S. Circuit Court of Appeals recently answered that question in the negative. Ostrowski v. Con-way Freight, Inc., 3d Cir., No. 12-3899, unpubl’d, 10/30/13.