Drug Use And The ADA — A Flexible Approach Prevails

Law360, New York (June 8, 2011, 1:38 PM EDT) -- Employee substance abuse poses significant challenges for employers. At what point in time is a drug user no longer a user? Certainly, given the complexities surrounding drug use, addiction and recovery, this is a difficult question for an employer to answer.

The U.S. Court of Appeals for the Tenth Circuit in Mauerhan v. Wagner Corp. (10th Cir. Apr. 19, 2011, No. 09-4179) 2011 WL 1467571, was recently posed with this difficult question and its answer should come of little surprise — it’s complicated.

Plaintiff Mauerhan worked...
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