In an opinion issued this week regarding alcoholism as it relates to an ADA claim, the Eleventh Circuit of Appeals found in favor of the employer. From 2003 until 2010, Sakari Jarvela was employed as a truck driver for Crete Carrier Corporation. After he returned from FMLA leave for treatment of his alcoholism, Crete terminated Jarvela’s employment. The primary issue presented to the appellate court was whether or not Crete’s decision to terminate Jarvela’s was lawful under ADA guidelines.
Under the Americans with Disabilities Act, a plaintiff must establish three things: (1) he is disabled; (2) he is a qualified individual; and (3) he suffered unlawful discrimination because of his disability. In this action, the issue of Jarvela’s status as a qualified individual was a point of contention.
Pursuant to ADA guidelines, a qualified individual is one who “satisfies the requisite skill, experience, education and other job-related requirements of the employment position such individual holds or desires and with, or without reasonable accommodation, can perform the essential functions of such position.” 29 C.F.R. § 1630.2(m). The trucking company’s job description for the position Jarvela held reads in part, an essential function of the job is that the employee meets the qualifications as a commercial driver as set forth by DOT regulations and Crete’s company policy.
The Department of Labor’s guidelines set forth that a person who suffers from a current clinical diagnosis of alcoholism is not medically qualified to drive a commercial truck. In addition, the DOL states that the employer has the burden, ” to ensure that an employee meets all qualifications.” In it’s company policy, Crete prohibits the employment of anyone that has been diagnosed with alcoholism within the past five years.
Under the Family Leave Medical Leave Act, it is unlawful to retaliate against an employee that takes leave under FMLA. Attorneys for Jarvela argued that he was terminated as a form of retaliation. Crete argued that based on its established policy, the company would have terminated Jarvela’s employment even if he had not taken FMLA leave.
For the above described, the appellate court affirmed a lower court’s decision in favor of the employer.
If you or someone you know thinks they have experienced wrongful termination due to an ADA claim, the team at Radford & Keebaugh can help. Contact us by phone at (678) 369-3609or use our contact form.