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Employer’s Honest Belief That Employee Violated Drug Testing Policy Defeated ADA Claims

By Catherine A. Cano on November 9, 2016
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An employer that terminated an employee based on its honest belief the employee violated its drug policy was entitled to summary judgment on the employee’s Americans with Disabilities Act claim, according to a Kentucky federal court. The court also granted summary judgment to the employer on the employee’s failure to accommodate and wrongful discharge claims. Adkins v. Excel Mining, LLC, 7:15-cv-00133-ART-EBA (E.D. Ky. Oct. 4, 2016).

Defendant maintained a zero-tolerance drug policy, which prohibited employees from using prescription drugs without a prescription. The policy had one exception: if the employee disclosed prescription drug use to Defendant, the employee could continue working if the employee’s doctor said it was safe to do so.

Plaintiff failed a random drug test, testing positive for both prescription drugs and alcohol. Defendant allowed Plaintiff to undergo treatment for alcohol dependency.  During his six-day in-patient treatment stay, Plaintiff’s doctors prescribed oxazepam, a prescription drug that treats alcohol-withdrawal symptoms.

Plaintiff subsequently returned to work and provided Defendant with his discharge papers. Plaintiff also named the prescriptions he was prescribed during treatment.  However, neither the discharge papers nor Plaintiff mentioned oxazepam.  Plaintiff took another drug test and tested positive for oxazepam.  Defendant called the drug testing lab, and learned that oxazepam should clear a user’s system within three days.  Defendant concluded that the drug should have cleared his system by the time he failed the drug test.  Defendant terminated Plaintiff’s employment for violating its drug testing policy.

Plaintiff claimed Defendant violated the ADA and the Kentucky Human Rights Act, and that it terminated him in violation of public policy. Plaintiff specifically claimed he was terminated because he is an alcoholic.  The Court hinted that Plaintiff may not be “an individual with a disability” because the ADA excludes current users of illegal drugs.  However, it decided that Plaintiff’s claim failed on other grounds.

The Court first rejected Plaintiff’s argument that the timing alone between his treatment and his termination could carry the day. The Court then focused on the honest belief doctrine.  The Court held Defendant was only required to “make an informed and considered decision based on the facts before it,” even if the belief is ultimately “mistaken, foolish, trivial, or baseless.”  The Court concluded the Defendant’s reliance on the drug testing laboratory’s advice and the discharge papers (which did not list oxazepam) supported its honest belief Plaintiff violated its drug policy.  Thus, summary judgment was appropriate and the case was dismissed.

Photo of Catherine A. Cano Catherine A. Cano

Catherine A. Cano is a principal in the Omaha, Nebraska, office of Jackson Lewis P.C. Catherine represents management in all areas of labor and employment law.

Catherine helps clients navigate obligations under the Americans with Disabilities Act, Family and Medical Leave Act, and…

Catherine A. Cano is a principal in the Omaha, Nebraska, office of Jackson Lewis P.C. Catherine represents management in all areas of labor and employment law.

Catherine helps clients navigate obligations under the Americans with Disabilities Act, Family and Medical Leave Act, and state disability and leave laws. She also counsels clients on workplace drug and alcohol issues, including developing substance abuse policies. Catherine has defended more than 100 charges of discrimination filed with federal, state and local administrative agencies, and regularly appears before the U.S. Equal Employment Opportunity Commission, Iowa Civil Rights Commission and Nebraska Equal Opportunity Commission. Catherine represents in employers in federal and state court proceedings and has successfully defended multiple employment arbitrations.

Catherine’s practice also includes assisting clients with union organization campaigns, collective bargaining, grievance arbitrations, and unfair labor practice charges. Catherine also has experience defending employers against whistleblower claims filed with the Occupational Health and Safety Administration.

Read more about Catherine A. CanoEmail
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  • Posted in:
    Employment & Labor
  • Blog:
    Drug and Alcohol Testing Law Advisor
  • Organization:
    Jackson Lewis P.C.
  • Article: View Original Source

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