Bryan Shirley v. Precision Castparts Corp.
726 F.3d 675
5th Cir.2013Background
- Shirley, a long-time employee of Wyman-Gordon Forgings, L.P. (W-G), faced drug-related treatment and was granted leave for addiction treatment after a near overdose.
- He attempted inpatient detox and then entered a Memorial Hermann program, later leaving against medical advice and returning with conflicting treatment plans.
- W-G terminated Shirley for twice failing to complete Memorial Hermann’s treatment program under its drug-free workplace policy.
- Shirley sued in district court alleging ADA and FMLA violations, leading to summary judgment for Defendants.
- The district court held Shirley was a current drug user under ADA § 12114(a) and not eligible for ADA safe harbor under § 12114(b); it also held no FMLA reinstatement violation occurred.
- On appeal, the Fifth Circuit affirmed, applying the ADA exclusion, safe harbor standards, and FMLA reinstatement precedents.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| ADA coverage based on current drug use | Shirley argues safe harbor applies; not properly excluded. | Shirley was a current user and fired for drug use; no safe harbor. | Shirley is current user; not entitled to safe harbor; termination valid. |
| ADA § 12114(a) basis for termination | Termination not on basis of drug use; tied to treatment completion. | Termination due to failure to complete treatment, connected to drug problem. | Termination was on the basis of drug use/recovery issues; supported by policy. |
| ADA § 12114(b) safe harbor timing | Eleven days drug-free suffices for safe harbor. | Safe harbor requires significant recovery period independent of reporting. | Safe harbor requires a significant recovery period; eleven days insufficient. |
| FMLA reinstatement after leave | Reinstatement rights were violated by termination. | Termination for legitimate, non-FMLA reasons unrelated to leave. | No FMLA violation; employer may terminate for legitimate, non-protected reasons. |
Key Cases Cited
- Zenor v. El Paso Healthcare Sys., Ltd., 176 F.3d 847 (5th Cir. 1999) (safe harbor requires no longer engaging in drug use for sufficient time)
- Mauerhan v. Wagner Corp., 649 F.3d 1180 (10th Cir. 2011) (drug treatment alone does not guarantee safe harbor; must be no ongoing drug use)
- Shafer v. Preston Mem. Hosp. Corp., 107 F.3d 274 (4th Cir. 1997) (safe harbor does not permit protection simply by showing treatment participation)
- Nero v. Industrial Molding Corp., 167 F.3d 921 (5th Cir. 1999) (reinstatement under FMLA limited to entitlement; legitimate reasons may bar restoration)
- Dupre v. Charter Behavioral Health Sys. of Lafayette, Inc., 242 F.3d 610 (5th Cir. 2001) (current drug use and disability discrimination analyses in ADA context)