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ARTICLE · 17 JANUARY 2019

A Reminder: Addiction Can Be A Disability

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A recent case in Michigan federal court is heading to a jury trial after an employer lost a summary judgment motion aimed at dismissing a former employee's Family and Medical Leave Act (FMLA)

United StatesEmployment and HR
Amy J. Traub
Amy J. Traub
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A recent case in Michigan federal court is heading to a jury trial after an employer lost a summary judgment motion aimed at dismissing a former employee's Family and Medical Leave Act (FMLA) retaliation and interference claims and disability discrimination claims under federal and state laws. The case also serves as a reminder to employers that, in some cases, an employee's drug addiction can constitute a disability under discrimination laws.

In Rumph v. Randazzo Mech. Heating & Cooling, Inc., an account manager at an HVAC installation and repair company with a history of drug addiction was terminated just days after she had returned to work from FMLA leave. Prior to her termination, she was assigned to a new supervisor due to a company restructuring. She alleges that a supervisor was copied on an email exchange with the company's benefits coordinator about getting the employee's Suboxone (an opioid addiction treatment drug) prescription filled and that the

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