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TERRY S. O'NEAL Plaintiff
vs.
ATLANTA GAS AND LIGHT CO. Defendant.
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Issues:
Americans with Disabilities Act, reasonable suspicion, alcohol testing, policy and procedure.
Case Summary:
Terry O'Neal files a discrimination suit against his employer, Atlanta Gas and Light Co. O'Neal, a technician who served in an on-call capacity, was dismissed after he tested positive for alcohol in a test that was ordered based on reasonable suspicion. O'Neal's supervisor reported smelling alcohol on O'Neal at a repair site. O'Neal told company officials he had been under a great deal of stress and had been advised by a doctor that consuming alcohol before retiring for the evening might help him sleep. O'Neal's doctor submitted a letter confirming O'Neal's story. When company officials refused to rehire him, O'Neal filed suit. The company responded with a motion for summary judgment.
Decision of lower jurisdiction:
This is the first judicial review of this case.
Outcome:
O'Neal loses The U.S. District Court for the Southern District of Georgia granted the company's motion for summary judgment The court ruled that O'Neal did not have a disability as described by the ADA.