ADA Legal News

Reassignment: “Unsettled Waters at the Accommodation of Last Resort”

This article reports on the split among the federal courts on the question of whether a worker with a disability who becomes unable to continue in a current position and seeks reassignment should be given preference over other applicants or employees seeking transfers.

Pennsylvania Court Closes Case: Employer Appropriately Terminated Worker for Failing Drug Test

The U.S District Court for the Eastern District of Pennsylvania ruled in favor of the employer in Parrotta v PECO Energy Company. An employee was fired after a random drug test revealed his use of marijuana. The employee claimed he used marijuana to treat foot pain following surgery, but the court noted that his doctor had fully released him back to work, with no recommendation for any pain medication.

The employee argued that the company delayed his termination for longer than it typically did when dealing with positive drug tests, thus raising suspicion that the drug test result was merely a pretext for firing him based on his foot condition. The court was not swayed, observing that the outcomes in other similar situations were fundamentally the same – the workers were terminated.