An employer that terminated an employee based on its honest belief the employee violated its drug policy was entitled to summary judgment on the employee’s Americans with Disabilities Act claim, according to a Kentucky federal court. The court also granted summary judgment to the employer on the employee’s failure to accommodate and wrongful discharge claims.
Catherine A. Cano
Catherine A. Cano is a principal in the Omaha, Nebraska, office of Jackson Lewis P.C. Catherine represents management in all areas of labor and employment law.
Catherine helps clients navigate obligations under the Americans with Disabilities Act, Family and Medical Leave Act, and state disability and leave laws. She also counsels clients on workplace drug and alcohol issues, including developing substance abuse policies. Catherine has defended more than 100 charges of discrimination filed with federal, state and local administrative agencies, and regularly appears before the U.S. Equal Employment Opportunity Commission, Iowa Civil Rights Commission and Nebraska Equal Opportunity Commission. Catherine represents in employers in federal and state court proceedings and has successfully defended multiple employment arbitrations.
Catherine's practice also includes assisting clients with union organization campaigns, collective bargaining, grievance arbitrations, and unfair labor practice charges. Catherine also has experience defending employers against whistleblower claims filed with the Occupational Health and Safety Administration.
Connecticut Public Policy Did Not Mandate Termination of Pot-Smoking Public Maintenance Worker
According to Connecticut’s highest court, the public policy of the state did not require the termination of a state employee who was caught smoking marijuana during work hours. State of Connecticut v. Connecticut Employees Union Independent, (SC 19590) August 19, 2016 (official release date August 30, 2016). Gregory Linhoff, a skilled maintenance worker at…
Employer’s Honest Belief That Employee Could Not Perform Job Due to Use of Opioid Medications Did Not Constitute Disability Discrimination
An employer’s decision to bypass an employee for a position based on the employee’s use of opioids was not enough to prove the employee’s disability discrimination claim, according to the Sixth Circuit Court of Appeals. Ferrari v. Ford Motor Company, Case No. 15-1479 (6th Cir. June 23, 2016). The Court affirmed summary judgment…
Pennsylvania Employee Proceeds With Invasion of Privacy Claim Arising Out Of Positive Drug Test Result
A federal court in Pennsylvania has allowed an employee to proceed with a wrongful discharge/invasion of privacy claim related to her discharge after a positive drug test result. Wilkinson v. Marvin E. Klinger, Inc., Case No. 4:15-cv-01916, 2016 U.S. Dist. LEXIS 58340 (M.D. PA. May 3, 2016).
Plaintiff, a 58-year old school bus driver, was…
Employee’s ADA Claim Advanced Due To Supervisor’s Alleged Demand That Employee Admit To Substance Abuse Problem
An employee who was allegedly fired for refusing to admit he had a substance abuse problem presented sufficient evidence to advance his claim under the “regarded as” prong of the Americans with Disabilities Act, according to a Massachusetts federal court. The employer denied terminating the employee or demanding that he admit having a substance abuse…