Shirley v. Precision Castparts Corp., et al., No. 12-20544 (5th Cir. 2013)Annotate this Case
Plaintiff filed suit against his employer, W-G, under the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq., and the Family Medical Leave Act, 29 U.S.C. 2601 et seq., after W-G terminated his employment. The court affirmed the district court's grant of summary judgment for W-G on the ADA claim, concluding that plaintiff was "currently engaging" in illegal drug use and was fired "on the basis of such use," and that plaintiff did not qualify for the safe harbor under section 12114(b). The court also affirmed summary judgment in favor of W-G on plaintiff's FMLA claim where no reasonable jury could find that he was denied reinstatement for any reason other than his refusal to continue his FMLA leave period for the express purpose for which it was taken, which was completing his drug dependency treatment.