## Facts

- Tom Zenor worked as an at-will hospital pharmacist for El Paso Healthcare System, Ltd., doing business as Columbia Medical Center–East.
- Zenor received the employer’s drug and alcohol policies, including a drug-free workplace policy authorizing discipline up to discharge for policy violations.
- Zenor became addicted to cocaine and used cocaine frequently off-duty; the employer did not learn of the addiction until August 1995.
- After a night shift on August 15, 1995, Zenor injected cocaine, then called his supervisor before his next shift stating he could not work because he was under the influence.
- Zenor sought emergency care and entered detoxification and residential rehabilitation, taking leave under the Family and Medical Leave Act with human resources assistance.
- While Zenor was in rehabilitation, Columbia decided to terminate him when his FMLA leave expired, citing concerns about his access to controlled substances (including pharmaceutical cocaine) and operational integrity given relapse risk.
- Zenor requested accommodations, including transfer to a day shift or reassignment away from access to pharmaceutical cocaine; Columbia declined.

## Issues

1. Whether Zenor was a “qualified individual with a disability” under the ADA or was excluded as an employee “currently engaging in the illegal use of drugs” when the employer acted.
2. Whether Columbia “regarded” Zenor as disabled within the meaning of the ADA.
3. Whether Columbia’s drug-free workplace policy and related communications created an enforceable contract requiring reinstatement after treatment, limiting at-will termination.

## Decision

- The Fifth Circuit affirmed judgment as a matter of law for Columbia on all claims.
- Zenor was excluded from ADA protection because his cocaine use was “current” when Columbia decided to discharge him, and the rehabilitation safe harbor did not apply to the adverse action taken based on recent illegal use.
- Zenor failed to show he was “regarded as” substantially limited in a major life activity; Columbia’s concern was limited to his fitness for a pharmacy position with access to cocaine.
- Columbia’s policies did not modify Zenor’s at-will status or guarantee reinstatement; thus, there was no breach of contract.

## Legal Principles

- The ADA excludes employees “currently engaging in the illegal use of drugs” when the employer acts on the basis of that use.
- “Current” drug use is assessed functionally: use is “current” if recent enough to support the employer’s reasonable belief that drug abuse remains an ongoing problem.
- Participation in or entry into rehabilitation does not automatically remove the “current use” exclusion when the adverse action is based on recent illegal drug use.
- An employer does not “regard” an employee as disabled merely by disqualifying the employee from a particular safety-sensitive position; the employee must show perceived substantial limitation in a major life activity, including inability to perform a broad class of jobs.
- Workplace policies, especially with clear at-will disclaimers, generally do not create contractual rights to continued employment or reinstatement absent an express promise.

## Conclusion

The court held that a pharmacist who admitted recent cocaine use was a current illegal drug user excluded from ADA coverage, that employer concerns about a single high-risk job did not establish a “regarded as” disability claim, and that an at-will employment policy did not create a contractual right to reinstatement after rehabilitation.


Zenor v. El Paso Healthcare Sys., Ltd., 176 F.3d 847 (5th Cir. 1999)