The North Carolina Persons with Disabilities Act (PDA) prohibits discrimination against the disabled, but that protection is limited.
Recent case: When race car driver Jeremy Mayfield began running in NASCAR, he agreed to undergo random drug screenings. When he was tested, he came up positive for a prohibited substance and was suspended.
He sued, alleging among other things, that he had tested positive because he suffers from attention deficit hyperactivity disorder (ADHD) and takes a prescription medication—Adderall XR—to cope with the disorder. Mayfield claimed that using Adderall XR should be a reasonable accommodation.
The court dismissed the claim, reasoning that Mayfield hadn’t shown he was unable to work at a wide range of jobs with his disorder and therefore wasn’t disabled. (Mayfield, et al., v. NASCAR, No. 3:09-CV-220, WD NC, 2010)
- Proven way to win shaky bias suits: Be specific about reasons for discharge
- Holiday premium isn't the basis for overtime calculation
- Warn supervisors: Wage mistakes could mean personal liability--and they would have to pay!
- Don't count on employer-friendly OSHA changes
- Prepare for parades, pickets and bullhorns: Court lifts limits on many strike activities