10th Circuit Rules on Issue of “Currently Engaging in Drug Use” Under ADAby Randy Enochs (Enochs Law Firm)
The Court of Appeals for the Tenth Circuit has a very interesting opinion touching on the complicated and relatively undecided issue of how to decided when an individual is “currently engaging in the illegal use of drugs,” 42 U.S.C. § 12114(a) — who are not protected from discrimination under the Americans with Disabilities Act — and those recovered or otherwise not “engaging” in such drug use under 42 U.S.C. § 12114(b), who are protected under the ADA. The Court ultimately declines to adopt a bright line test and concludes that such a determination is a case-by-case analysis and finds that under the facts of the case at hand (out of drug treatment program after 30 days) that the plaintiff failed to meet their burden thus affirming the district court’s grant of summary judgment.
The case is Mauerhan v. Wagner Corp., No. 09-4179 (10th Cir. Apr. 19, 2011)