10th Circ. Rules On Eligibility For ADA Safe Harbor

Law360, New York (April 19, 2011, 8:50 PM EDT) -- The Tenth Circuit on Tuesday joined other federal appeals courts in declining to adopt a bright-line rule governing when employees are no longer “currently” using drugs and therefore eligible for the safe harbor of the Americans with Disabilities Act.

The ADA creates a safe harbor for those who are not currently engaging in the illegal use of drugs, and the Tenth Circuit’s decision affirming summary judgment for painting company Wagner Corp. and against a former employee was the first time the court defined the scope of...
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