Advertising Disclosure Email Disclosure

ADA and NJLAD determination of disability for current drug user applies broad interpretation of period of usage.

July 1, 2017
Zsoldos v. Township of Manchester, 2017 U.S. LEXIS 2758 (D. N.J., Jan. 9, 2017)

After being arrested for possession of cocaine while driving a Township vehicle and while on paid working time, the plaintiff claimed that she was disabled and entitled to accommodation in the form of a leave of absence to attend a drug treatment program. The Township terminated her employment, claiming she was not entitled to the statutory protections since she was a present drug user. In denying the Township’s motion to dismiss the complaint, Judge Martinotti held that, while the ADA Interpretative Guide called for a broad definition of “currently engaging,” the issue was still one of fact as to whether the plaintiff was an active drug user at the time of the request and this factual dispute precluded dismissal of the action.

 

Case Law Alerts, 3rd Quarter, July 2017

Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2017 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.

Affiliated Attorney

Lawrence B. Berg
Shareholder
(856) 414-6031
lbberg@mdwcg.com

Practice Areas

Before you send this email please note:

You are attempting to send email, through a link on our website, to an attorney of Marshall Dennehey Warner Coleman & Goggin or an employee in our firm. Please note that your email may not be treated as confidential and does not create an attorney-client relationship. You should not rely upon the transmission of an email through this website if you are seeking to enter into such a relationship. Until such time as we have agreed to represent you, no information in your email will be treated as confidential. Please contact us directly by telephone at 1.800.220.3308 if it is your intent to seek legal counsel with our firm or convey confidential information.

If it is still your intent to send this email, knowing that it may not be treated as confidential, you may accept our terms of agreement by pressing "OK". If you choose not to accept these terms of agreement you may navigate away from this page by pressing "Cancel."