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Article

6 Mar 2018

Author:
Judy Greenwald, Business Insurance (USA)

USA: Court dismisses ex-employee's lawsuit against printing services company alleging retaliation and disability discrimination


"Court dismisses ADA suit filed by fired employee taking opioids", 5 Mar 2018

A federal district court has dismissed an Americans with Disabilities Act lawsuit filed by an employee who was terminated after his employer learned he was taking...opioids.  Robert Sloan worked for...Repacorp Inc., which manufactures labels with the use of heavy machinery...In the year prior to his hiring...Mr. Sloan began taking morphine for neck and back pain, but did not tell his supervisors...After his company learned of his drug use, Mr. Sloan voluntarily submitted to a drug test and tested positive for hydrocodone...He was put on leave in February 2014 and terminated less than two weeks later.  Mr. Sloan filed suit on charges including disability discrimination and retaliation under the ADA...Mr. Sloan alleges he was disabled because of degenerative disc disease and arthritis in his neck and back and fired because of his disability, said the ruling..."...Sloan’s employment ended...because Sloan impeded its [company's] ability to investigate the extent of his disability and determine whether his disabling pain required use of prescription morphine...," said the ruling.  The retaliation claim was dismissed as well.