An employee who was allegedly fired for refusing to admit he had a substance abuse problem presented sufficient evidence to advance his claim under the “regarded as” prong of the Americans with Disabilities Act, according to a Massachusetts federal court. The employer denied terminating the employee or demanding that he admit having a substance abuse problem. The Court granted summary judgment on the employee’s Massachusetts anti-discrimination law claim, applying pre-ADA amendment case law, but denied summary judgment on the ADA claim. Izzo v. Genesco, Inc. d/b/a LIDS, Case No. 14-cv-13607-ADB (D. Mass. Mar. 22, 2016).
Articles Discussing Drugs & Alcohol Under The ADA
Pre-Offer Drug Tests Were Not Impermissible Medical Examinations Under The ADA, Court Holds
Pre-offer drug tests to determine the use of illegal drugs did not violate the Americans with Disabilities Act’s prohibition on pre-offer medical inquiries, a federal court in Pennsylvania held on September 15, 2015. EEOC v. Grane Healthcare Co. et ano, CV No. 3:10-250 (W.D. Pa. Sept. 15, 2015).
Zero Tolerance for Marijuana Use by Employees: A Prescription for Litigation?
Executive Summary: The dramatic inconsistency between federal and state law with regard to the use of marijuana may mean that employers with zero tolerance policies for marijuana use will face an increasing likelihood of litigation over the termination of employees who violate such policies.