Firing an alcoholic is not a violation of the Americans with Disabilities Act

An American freight transport company has been cleared of violating the Americans with Disabilities Act (ADA) after it fired an alcoholic employee. The case went to the US Court of Appeals for the Third Circuit.

Con-way Freight fired an alcoholic employee by the name of Ostrowski (the plaintiff) after he violated a return to work (RWA) agreement following an alcoholic relapse. The employee was given a leave of absence to receive help and rehabilitation for alcoholism; however, the plaintiff did not return to work at the agreed time.

The plaintiff appealed a court ruling that favoured Con-way Freight, claiming that his firing violated the ADA, the Family and Medical Leave Act (FMLA) and the Pennsylvania Human Relations Act (PHRA).

Ostrowski was employed as a driver sales representative (DSR) with Con-way Freight. Con-way Freight is required to maintain strict drug and alcohol screening policies for all its employees.

In 2009 Ostrowski requested a leave of absence under the Family and Medical Leave Act to receive treatment for his alcoholism. This was approved by the company. On his return he agreed to stay free of alcohol and he signed a return to work agreement to stay “free of drugs and alcohol (on company time as well as off company time) for the duration of his employment.”

Within one month of signing the RWA he had resumed drinking and had to enter an alcohol abuse treatment centre. Con-way terminated his contract two weeks later.

The court agreed that Con-way Freight was within its rights to act as it did. The RWA did not interfere with the plaintiff exercising his rights under the FMLA.

This should give other companies the confidence to act on similar issues. A zero-tolerance policy on drug and alcohol abuse combined with a robust legal framework makes a safer environment for workers and protects business from litigation.