The U.S. Court of Appeals for the Third Circuit affirmed that an employer may discharge a driver sales representative who suffers from alcoholism for violating a return to work agreement (RWA) that prohibits the use of drugs or alcohol in Ostrowski v. Con-way Freight, Inc., No. 12-3800, 2013 WL 5814131 (3d Cir. Oct. 30, 2013). This alert analyzes the court’s holding and compares the outcome with that of A.D.P. v. ExxonMobil Research & Engineering Co.,428 N.J. Super. 518 (App. Div. 2012), a recent decision in which the New Jersey Appellate Division found a similar RWA facially discriminatory under New Jersey’s Law Against Discrimination.


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