Ada accommodating people with drug problems wilkes bare dating
Thus, the employee must demonstrate that his addiction amounts to a "disability" because it substantially limits one or more major life activities.
Substance abuse by employees -- it's one of the most difficult issues an employer can face.
When the Americans With Disabilities Act was passed 25 years ago, many people may have assumed that the law was written only to protect the rights of people with physical disabilities.
But that’s never been the case, said Cindy Held Tarshish, ADA Minnesota program manager for the Metropolitan Center for Independent Living.
The largest percentage of people with disabilities in this country is actually those whose disabilities are hidden."At the end of July, Tarshish, who has been working alongside people with disabilities since before the ADA’s passage, was among the more than 1,000 people who gathered at the Minnesota History Center to commemorate the ADA's 25th anniversary with a special family day celebration.
The day was a cause for celebration, Tarshish said: In the years since the ADA’s enactment, Americans with disabilities have made great strides in gaining civil rights and legal protections.
There are two primary sets of laws which are immediately brought into play when discussing possible workplace protections for an alcoholic worker: (1) Americans with Disabilities Act, (2) Family Medical Leave Act.Some of the common problems caused by substance abuse in the workplace are: increased absenteeism; increased on-the-job accidents; increased use of sickness or disability benefits; lower productivity; poor or impaired relationships between co-workers; theft of company and co-worker property; employee domestic difficulties; employee financial difficulties; poor and/or impaired judgment and decision-making capabilities; diversion of supervisory and managerial time; damage to company property; disciplinary and grievance matters; workplace violence; criminal charges; and loss of employees.In order to combat those problems, many employers have developed policies and programs to identify, and, if required, to discipline and discharge employees who use illegal drugs and abuse alcohol.Terminating an Addicted Employee Question: We have an employee who is a chronic prescription drug abuser. "Illegal use of drugs" includes "the illegal misuse of painkilling drugs which are controlled by prescription." Id. So long as the employee's illegal drug use is "sufficiently recent to justify the employer's reasonable belief that the drug abuse remain[s] an ongoing problem," the employee is unprotected by the ADA, even if the employee enters treatment. El Paso Healthcare Sys., Ltd., 176 F.3d 847, 856 (5th Cir. Furthermore, if an employee's performance is suffering, an employer is free to take action on the basis of the employee's poor performance. If the safe harbor does not apply, the fact that an employee is participating in a rehabilitation program at the time of termination does not afford the employee any protection. Precision Castparts Corp., 2012 WL 2577535 at *3-5 (S. So long as an employer has a reasonable belief that the employee's illegal drug use is on-going, an employer may consider that employee to be "currently engaging in the illegal use of drugs" and may take action on that basis. Rather, it is "intended to apply to the illegal use of drugs that has occurred recently enough to indicate that the individual is actively engaged in such conduct." Id.He has not been performing at work but every time we try to terminate him for cause, he immediately enters a drug rehabilitation program in order to avoid termination under the ADA, claiming that he has a disability. The ADA specifically provides that an employer "may hold an employee who engages in the illegal use of drugs or who is an alcoholic to the same qualification standards for employment or job performance and behavior that such entity holds other employees, even if any unsatisfactory performance or behavior is related to the drug use or alcoholism of the employee." 42 U. The Equal Employment Opportunity Commission issued guidance on this issue that is consistent with the courts. Timing is not the only consideration when evaluating whether an employer could maintain a reasonable belief that the drug use is ongoing and will continue to impact the employee's ability to his job. If an employee can establish all of these elements, then an employer is prohibited from acting on the basis of that employee's drug abuse. As always, employers should tread carefully and thoroughly investigate performance problems and document any such investigation before taking action. The amendments lowered the bar a plaintiff must clear to establish a qualified disability, but the provisions of the ADA related to alcoholism and illegal drug use remain unchanged. July 3, 2012) (applying the amended ADA with reference to pre-amendment cases). Gray is senior counsel in the Labor & Employment Law Department of Proskauer in New York and co-chair of the Department's Employment Litigation and Arbitration Practice Group.