Americans with Disabilities Act, cocaine, policy and procedure, random testing, return to duty.

Anthony Wormley files suit against his former employer, Arkla, Inc., claiming the company's decision to dismiss him violated provisions of the Americans with Disabilities Act. Company officials terminated Wormley after learning he resumed using cocaine in violation of a "last-chance" agreement he signed with the company. Wormley had tested positive for cocaine earlier in his career with the company. He successfully completed a treatment program and agreed to refrain from using drugs for two-years. During the probation period, Wormley admitted himself to a treatment program. When company officials learned Wormley returned for treatment of cocaine abuse, they terminated his employment. Wormley filed suit, claiming the company violated ADA provisions which protect employees from discipline action based on prior drug use. The company argued that Wormley was a current user and not eligible for ADA protection. The company filed a motion for summary judgment.

This is the first judicial review of this case.

Wormley loses. The U.S. District Court for the Eastern District of Arkansas granted the company's motion for summary judgment and dismissed the case. The court ruled that Wormley was a "current" drug user and not covered by the ADA.