Americans with Disabilities Act, alcohol, employer liability, disparate treatment.

Officials with Coca Cola and a former management-level employee appeal a lower court's ruling in a discrimination suit. Following his termination from the company, Robert Burch filed suit alleging a violation of the Americans with Disabilities Act. Burch also alleged Texas law claims concerning intentional infliction of emotional distress and defamation. Burch argued that company officials terminated his employment after he sought treatment for alcoholism. Burch asserted that alcohol often was served at company-related gatherings and this practice contributed to his alcoholism. Company officials stated Burch's dismissal was related to his conduct at a meeting of Coca Cola executives. Burch further argued that Coca Cola officials informed at least one placement agency that Burch was dismissed for violent behavior. Company officials responded with a motion for summary judgment.

A U.S. District Court granted Coca Cola's motion for summary judgment concerning Burch's state law claims. However, the court denied the company's motion concerning the alleged violation of the ADA. A jury found in favor of Burch and awarded him substantial compensatory and punitive damages. Both parties in the suit now appeal.

Burch loses. The U.S. Court of the Appeals for the Fifth Circuit affirmed a portion of the lower court's decision and reversed an aspect of the court's decision. The appeals court affirmed the lower court's ruling concerning the state law claims alleging defamation and emotional distress. The appeals court reversed the lower court's ruling concerning the company's motion for summary judgment on Burch's ADA complaint. The appeals court ruled that Burch failed to meet established provisions of the Act. The appeals court remanded the case with specific instructions.