New York City Fire Department Emergency Medical Technician terminated after testing positive for cocaine
NYC Fire Department v Rivera, OATH Index #3416/09
OATH Administrative Law Judge Julio Rodriguez recommended termination of Carlos Rivera, a New York City Fire Department EMT.
Rivera tested positive for cocaine in a random workplace drug test -- registering more than 250 times the official cut-off.
The Department had previously sent him for voluntary rehabilitation three times and afterwards reinstated him to his position.
In his defense Rivera asserted that his drug addiction was a disability requiring accommodation.
ALJ Rodriguez disagreed, finding that Rivera did not establish that he was disabled within the relevant definition of disability set out in the federal Americans with Disabilities Act or the New York State Human Rights Law.
The decision is posted on the Internet at:
http://archive.citylaw.org/oath/09_Cases/09-3416.pdf