COLUMBIA MEDICAL CENTER AND THE COCAINE ADDICTED PHARMACIST (A)

Abstract

Tom Zenor, a pharmacist for Columbia Medical Center, became addicted to cocaine. He checked himself into a rehabilitation center and, upon request, was placed on leave as allowed by the Family Medical Leave Act (FMLA). During his FMLA leave the company decided to terminate his employment upon the completion of his twelve week leave of absence. Columbia, in an attempt to be proactive, is considering any legal recourse Zenor might attempt. Columbia’s Human Resources manager, Carmen Estrada, is preparing evidence to defend the company against a potential Americans with Disabilities Act (ADA) lawsuit. Her primary concern is that Zenor will claim that his cocaine addiction is a qualified disability under the ADA. (Contact author for a copy of the complete report.)Personnel, Unjust Termination, At-Will Employment