Adkins v. Excel Mining, LLC

214 F. Supp. 3d 617, 2016 WL 5817264, 2016 U.S. Dist. LEXIS 137357
CourtDistrict Court, E.D. Kentucky
DecidedOctober 4, 2016
DocketCivil No. 15-133-ART
StatusPublished
Cited by5 cases

This text of 214 F. Supp. 3d 617 (Adkins v. Excel Mining, LLC) is published on Counsel Stack Legal Research, covering District Court, E.D. Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adkins v. Excel Mining, LLC, 214 F. Supp. 3d 617, 2016 WL 5817264, 2016 U.S. Dist. LEXIS 137357 (E.D. Ky. 2016).

Opinion

MEMORANDUM OPINION AND ORDER

Amul R. Thapar, United States District Judge

Like many coal companies, Excel Mining has a zero-tolerance drug policy: no mining while on illegal drugs. So when one of its safety inspectors, Timothy Adkins, tested positive for a drug called oxazepam, Excel fired him. But Adkins claims that Excel fired him for a different, and discriminatory, reason — because he is an alcoholic. Adkins, however, has not provided sufficient evidence to support that claim. The Court must therefore grant summary judgment to Excel.

I.

For about three years, Timothy Adkins worked in Excel Mining’s safety department. R. 46-2. As an Excel employee, Adkins agreed to a zero-tolerance policy that forbade him from working while under the influence of alcohol or illegal drugs — which included both recreational drugs and prescription drugs taken without a prescription. R. 46-4. The policy had one relevant exception: If an employee was taking prescription drags and he disclosed that to Excel, he could continue working as long as his doctor said it was safe to do so. R. 46-5 § 6.2. Otherwise, Excel could fire any employee who violated the policy. Id. § 1.2.

To enforce its zero-tolerance policy, Excel performed random drag tests on its employees. R. 46-7. One day, Excel made Adkins take the test. R. 46-14. And he failed, testing positive for both benzodiaze-pine (for which he had a prescription) and alcohol, two substances that — according to Adkins’s healthcare providers — should not be mixed. Id; see also R. 46-12 at 3. So the providers recommended that he stay home from work until the substances cleared his system. R. 46-19 at 2. After talking with the providers and getting Excel’s permission, Adkins agreed to take leave and get in-patient treatment for alcohol dependency at Our Lady of Bellefonte Hospital. Id.; R. 46-20. While Adkins was at Bellefonte, doctors gave him several drags, including Serax — a brand-name version of oxazepam, a prescription drag that treats anxiety and alcohol-withdrawal symptoms. R. 47-3 at 19-20. His treatment lasted for six days. Id. at 1.

But treatment led to more problems. After his release from Bellefonte, Adkins reported to work and met with Glennis Little, a nurse practitioner who provides healthcare services for Excel employees. R. 46-24. During this meeting, Adkins said that he had stopped all previous medications when he entered treatment. Id.; R. 46-25. He also told Little that the Belle-fonte doctors gave him Zoloft, Lisinopril, B12, and Antabuse, and he gave Little his discharge papers from Bellefonte. R. 46-[621]*62124. The papers confirmed what Adkins had said, but did not mention that Adkins had also taken Serax during treatment. R. 46-23.

Seven days after meeting with Little, Adkins took another drug test. R. 46-26. He again tested positive, this time for oxa-zepam (Serax). Id. After Little received the results, she wanted to make sure that Adkins’s pre-treatment drug use did not cause the positive test result. R. 46-25. So she called LabCorp (the company that actually performed the drug testing), and their toxicology doctors explained how long certain drugs stay in the body. Id. According to the doctors, oxazepam would clear a user’s system within three days of taking it. R. 46-8 at 25-26. After speaking with LabCorp, Little notified Adkins that he had tested positive for oxazepam. R. 46-25. In response, he said, “Yeah, that’s what I was on in Bellefonte.” Id. Little then reported to Excel that Adkins had tested positive for a drug — one for which she believed he lacked a prescription, based on Little’s understanding of Adkins’s own recounting of his treatment, the Bellefonte discharge papers, and Lab-Corp’s information. Id.

And so, the dominos fell. Excel fired Adkins for violating its drug policy. R. 46-27. To comply with Kentucky law, Excel disclosed Adkins’s test results to the state Office of Mine Safety and Licensing. R. 46-29; see Ky. Rev. Stat. § 351.170 [hereinafter “KRS”]. The Office eventually suspended Adkins’s mining certifications, R. 46-30, a decision he never appealed. Sometime after firing Adkins, Excel received the full copy of his medical records from Bellefonte, which indicated that the doctors had prescribed Serax (oxazepam) during his stay. R. 47-3 at 19-20. This information, however, did not motivate Excel to reconsider its decision. Relying on the information from Little and the LabCorp doctors, Excel concluded that any oxazep-am Adkins took during his treatment at Bellefonte would have cleared his system before the drug test. R. 46-8 at 25-26. Thus, in Excel’s view, Adkins must have taken drugs after treatment, in violation of company policy.

Left without a job or a mining certification, Adkins sued Excel in state court, and Excel removed the case here. R. 1. Adkins alleges that Excel fired him because he was an alcoholic. And that, he says, is unlawful discrimination that violates the Americans with Disabilities Act (ADA), the Kentucky Civil Rights Act (KCRA),1 and public policy.2 R. 1-1 ¶¶ 27-48. He therefore seeks compensatory and punitive damages for lost income and emotional distress. Excel now moves for summary judgment on all of Adkins’s claims. R. 46.

II.

Summary judgment is proper if the record, viewed in the light most favorable to the nonmoving party, reveals that there is “no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of law.” Laster v. City of Kalamazoo, 746 F.3d 714, 726 (6th Cir. 2014); see Fed. R. Civ. P. 56(a). To succeed, the moving party must first point out the issues that lack any genuine dispute of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323-24, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); see Fed. R. Civ. P. [622]*62256(c). The burden then shifts to the non-moving party to “set forth specific facts showing that there is a genuine issue for trial.” Gregg v. Allen-Bradley Co., 801 F.2d 859, 861 (6th Cir. 1986); see Fed. R. Civ. P. 56(e). The nonmoving party may not simply rest on his allegations; he must present “significant probative evidence” to support them. Gregg, 801 F.2d at 861. Simply put, if the nonmoving party fails to make a “sufficient showing” to establish an essential element of his case, the Court must grant summary judgment against him. Celotex, 477 U.S. at 323, 106 S.Ct. 2548.

A.

As an initial matter, Excel argues that Adkins cannot sue for discrimination under the ADA — because, in Excel’s view — he is not disabled. And, of course, the ADA protects only individuals with disabilities. 42 U.S.C. § 12112(a). So to make a prima facie case of employment discrimination, a plaintiff must first show, among other things, that he does in fact have a disability. Rosebrough v.

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Bluebook (online)
214 F. Supp. 3d 617, 2016 WL 5817264, 2016 U.S. Dist. LEXIS 137357, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adkins-v-excel-mining-llc-kyed-2016.