ADA doesn’t protect train engineer from turning over medical records

The Americans with Disabilities Act (ADA) limits an employer’s right to require a current employee to provide information about his medical conditions. Only in situations where the need to obtain such health information is necessary to determine whether the employee can perform the job functions and do so in a safe manner is the medical inquiry lawful. The U.S. 4th Circuit Court of Appeals (whose decisions apply to employers in Virginia) recently examined what that means in practice. In a unanimous opinion, the appeals court sided with a railroad, saying it complied with ADA requirements when it asked a train engineer to provide information about his controlled substance use after a positive drug test.

Facts

Michael Coffey had been a train engineer for Norfolk Southern Railway Co. for almost 20 years when a post-accident drug test revealed signs of amphetamines and codeine. He said the drugs had been lawfully prescribed for his bad back and ADHD, and he provided the Norfolk Southern with over 400 pages of medical documentation. Specific information about the medications’ interactions and their effects on his ability to do his job, however, wasn’t addressed in the records he provided.

Accordingly, Norfolk Southern asked Coffey to provide information about the medications' side effects, any reactions between them and any others he was taking, and whether his doctors had concluded he could perform all of his duties when taking them. When he refused to do so, he was terminated.

Lawsuit