Today’s case is a case out of the Sixth Circuit, Ferrari v. Ford Motor Company, decided June 23, 2016. It deals with the issue of what happens when an employer perceives an opioid addiction. As is typical, my blog entry is divided into categories: facts; court’s reasoning; and takeaways. The reader is free to
Current user
Addiction and the ADA: The “Current User,” Safe Harbor
By William Goren on
When it comes to drugs and alcohol, those addicted to drugs and alcohol are not treated the same way as persons with other disabilities. For example, an employer has the right to evaluate an alcoholic employee or an employee addicted to drugs as if the disability didn’t exist. 42 U.S.C. § 12114(c)(4); EEOC interpretive guidance…
Is Alcoholism a Disability: Revisiting Miners v. Cargill Communications and the importance of pleadings
By William Goren on
Ever since the first edition of my book in 2000 and in every edition since, I have discussed the case of Miners v. Cargill Communications, Inc., 113 F.3d 820 (8th Cir. 1997). That case illustrates the perils of what can happen when an employer perceives someone as being an alcoholic. In that case, the…