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February 25, 2022

Fifth Circuit Confirms: Termination For Failing Random Drug Test is not Disability Discrimination under the ADA

In an unpublished opinion, the Fifth Circuit affirmed the decision of a District Court in the Northern District of Texas to grant summary judgment for an employer that fired an employee for testing positive on a random drug test. The employee in Polak v. Sterilite Corporation had sued his employer under the ADA, alleging disability discrimination and retaliation. The Fifth Circuit stated, however, that the employee’s “attempt to fit a square peg in a round hole” failed to raise any fact issues as the employee was required to not only establish that the randomness of the test was based on a perceived disability within the meaning of the ADA, but also pretext for disability discrimination.