Total Articles: 8
Whether Employee “Currently Engaging” In Drugs Use under ADA Requires Case-by-Case Consideration.
An employer did not violate the Americans with Disabilities Act by refusing to rehire a former employee who completed a one-month drug rehabilitation program, where he failed to demonstrate he was not “currently” engaged in the illegal use of drugs when the decision not to rehire him was made, the federal appeals court in Denver has ruled. Mauerhan v. Wagner Corp., Nos. 09-4179 & 09-4185 (10th Cir. Apr. 19, 2011). Affirming dismissal of the employee’s claim, the Tenth Circuit Court of Appeals held that determining whether an employee is still “currently” using drugs would be considered on a case-by-case basis.
ADA and Drug Addiction: The Ninth Circuit Provides Guidance
A recent opinion from the U.S. Circuit Court of Appeals for the Ninth Circuit has clarified employer liability under the Americans with Disabilities Act, where the employer requires drug testing as a prerequisite to employment. In Lopez v. Pacific Maritime Associates, the plaintiff challenged a union’s one-strike rule, which provided that one positive drug or alcohol test during pre-employment testing permanently prohibited hiring of the applicant.
Ninth Circuit: Ban on Applicants Who Test Positive for Drugs Not ADA Violation
The Pacific Maritime Association has a "one-strike" rule. If you fail a drug or alcohol test during the applicant screening process, you are barred from consideration for employment. Forever.
Employees' ADA Claims on Prescription-Drug-Use Dismissals Rejected by Federal Court
Ruling that only persons with disabilities can pursue claims under the Americans with Disabilities Acts provisions on qualification tests and standards (42 U.S.C. 12112(a) and (b)(6)), the federal appeal court in Cincinnati upheld an employers dismissal of seven employees for testing positive for prescription-drug use.
Nurse With History Of Drug Abuse Not Entitled To Accommodation.
When healthcare professionals such as nurses encounter problems with drug abuse or handling controlled substances, licensing agencies often allow them to keep working, subject to strict, individualized supervision during a prescribed period. This significantly limits the professionals ability to perform essential job functions and obviously creates staffing challenges.
Federal Disability Law Protects Rehabilitated Addicts.
Discusses Hernandez v. Hughes Missiles Sys. Co., 2002 DJDAR 6518 (9th Cir. June 11, 2002), in which the court held that Hughes Missiles Systems Company may be required to rehire an admitted cocaine addict who it had lawfully forced to quit in 1991 when he failed a drug test.
Substance Abuse under the ADA.
Chapter 4 from "Sharing the Dream: Is the ADA Accommodating All?", which covers various topics, including when drug and alcohol users are covered under the ADA, when substance abuse poses a direct threats, what pre-employment inquiries may be asked, and drug testing.
Ideas for Accommodating Persons with Alcoholism.
When considering accommodations for people with alcoholism, remember that the accommodation process must be conducted on a case-by-case basis.
