## Facts

- Bryan Shirley worked for approximately twelve years operating an extrusion press for Wyman–Gordon Forgings, L.P., an affiliate of Precision Castparts Corp.
- Shirley used Vicodin for work-related injuries, later obtaining additional prescriptions from multiple clinics without disclosing existing prescriptions, leading to addiction.
- The employer maintained a drug-free workplace policy allowing employees to seek confidential help, but requiring termination if an employee rejected treatment or left a program before proper discharge.
- After a near overdose in November 2009, Shirley requested leave to obtain addiction treatment and entered an inpatient program in early December 2009.
- Shirley completed detoxification but requested discharge against medical advice within days, then resumed Vicodin use shortly thereafter.
- The employer permitted Shirley to re-enter treatment, but he again left before completing the treatment phase.
- The employer terminated Shirley for twice leaving treatment early, consistent with its written policy.

## Issues

1. Whether Shirley was excluded from ADA protection as an individual “currently engaging” in illegal drug use and terminated “on the basis of such use,” and whether the ADA rehabilitation “safe harbor” applied.
2. Whether the employer interfered with FMLA rights or unlawfully denied reinstatement by terminating Shirley after he left substance-abuse treatment early.

## Decision

- The Fifth Circuit affirmed summary judgment for the employer on both claims.
- On the ADA claim, the court held Shirley was “currently engaging” in illegal drug use, was terminated on that basis, and did not qualify for the rehabilitation safe harbor.
- On the FMLA claim, the court held no reasonable jury could find that Shirley was denied reinstatement for any reason other than his refusal to continue leave for its stated purpose—completing drug-dependency treatment—combined with the employer’s neutral enforcement of its policy.

## Legal Principles

- The ADA excludes from coverage an individual “currently engaging in the illegal use of drugs” when the employer acts “on the basis of such use.” 42 U.S.C. § 12114(a).
- ADA “safe harbor” protection for rehabilitation requires, among other things, that the employee be participating in or have completed rehabilitation and “is no longer engaging” in illegal drug use; entering treatment alone is insufficient if illegal use continues or treatment is abandoned. 42 U.S.C. § 12114(b).
- An employer may apply a facially neutral policy requiring completion of substance-abuse treatment without violating the ADA when termination is tied to current illegal drug use and failure to complete treatment.
- The FMLA provides a right to reinstatement after qualifying leave, but does not entitle an employee to greater job security than if leave had not been taken; an employer may terminate for legitimate, non-FMLA reasons.

## Conclusion

The Fifth Circuit held that an employee who continued illegal drug use and repeatedly left rehabilitation early fell outside ADA protection and the statutory rehabilitation safe harbor, and that the FMLA did not require reinstatement where the termination was based on neutral policy enforcement and reasons independent of exercising leave rights.


Shirley v. Precision Castparts Corp., 726 F.3d 675 (5th Cir. 2013)