The appellant in this employment dispute was not entitled to the ADA's safe harbor: The appellant's alleged refusal to complete an inpatient treatment program, his insistence that he remain on an opiate pain reliever, and his alleged continued use of Vicodin following detox supported a reasonable belief that continued drug use was still an on-going problem at the time his employment was terminated. Although denying an employee the reinstatement to which he is entitled generally violates the FMLA, denying reinstatement to an employee whose right to restored employment had already been extinguished -- for legitimate reasons unrelated to his efforts to secure FMLA leave -- does not violate the act. The district court's judgment is affirmed. 5th U.S. Circuit Court of Appeals, No. 12-20544, 08-12-2013.
Shirley v. Precision Castparts Corp.
August 12, 2013