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Report Link Nurse With History Of Drug Abuse Not Entitled To Accommodation.Fisher & Phillips, LLP - February 06, 2008 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 professional’s ability to perform essential job functions and obviously creates staffing challenges. Report Link Supreme Court Dodges Question Whether Rehire Policy Barring Former Drug User Violates Disability Law.Jackson Lewis LLP - December 04, 2003 The U. S. Supreme Court has held an employer's invocation of a neutral "no-rehire" policy banning the reemployment of all workers who were terminated or forced to resign always dispels a preliminary showing of disability discrimination based on a rejected applicant's claim of "disparate treatment." Report Link Supreme Court To Decide Lawfulness of Rehire Restrictions and Age-Based Cutoff of Retiree Benefits.Jackson Lewis LLP - November 21, 2003 In several cases pending before the U.S. Supreme Court this term, the Justices will consider the lawfulness of employer policies under major federal anti-discrimination laws, including the Americans with Disabilities Act and the Age Discrimination in Employment Act. Report Link Federal Disability Law Protects Rehabilitated Addicts.Ballard Rosenberg Golper & Savitt - July 25, 2002 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. Report Link Are Drug Addicts Disabled? Court Says Yes…And No. Sheppard, Mullin, Richter & Hampton LLP - July 17, 2002 In a recent decision that applies to California employers, the Ninth Circuit Court of Appeals ruled that the Americans With Disabilities Act ("ADA") prohibits employers from discriminating against drug addicts who have been rehabilitated. However, the decision also reiterated that the ADA does not cover addicts who are presently using drugs or alcohol. Report Link Facially Neutral Employment Policy May Violate ADA When Applied to Rehabilitated Drug Abusers.Jackson Lewis LLP - June 19, 2002 A federal appeals court in California has held that an employee who was terminated after he tested positive on a drug test may proceed to trial on his claim that he was denied rehire in violation of the Americans With Disabilities Act. Hernandez v. Hughes Missile Systems Co., No, 01-15512 (9th Cir. June 11, 2002). Report Link Substance Abuse under the ADA.U.S. Commission on Civil Rights - (No Date) 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. Report Link Ideas for Accommodating Persons with Alcoholism.Job Accommodation Network - (No Date) When considering accommodations for people with alcoholism, remember that the accommodation process must be conducted on a case-by-case basis.
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ArticlesFound: 8 ArticlesNO SUBTOPICSEmployment Law Seminars
UNDERSTANDING YOUR ETHICAL RESPONSIBILITIES AT WORK (AB 1234 COMPLIANCE)
Sacramento
May 13, 2008 Shaw Valenza LLPPreventing Wage/Hour Class Actions.Online
May 13, 2008 LittlerHOW TO CONDUCT EFFECTIVE INTERNAL INVESTIGATIONSSacramento
May 13, 2008 Shaw Valenza LLPHow to Stay Union FreeLas Vegas
2008-5-13 Jackson Lewis LLPConducting Effective Investigations of Employment Claims: Essential Skills for Internal InvestigatorsHouston
May 13, 2008 Littler2008 Public Sexual Harassment Training for supervisors and managers.Universal City
May 13, 2008 Ballard RosenbergSHRM Morris County Monthly Legal UpdateFlorham Park
2008-5-14 SHRM Morris County ChapterThe Connecticut Sexual and Other Harassment Education and Training in the Workplace ActHartford
2008-5-14 Jackson Lewis LLPDigital Dangers: Recent E-Discovery Developments and TrendsLas Vegas
May 14, 2008 LittlerHealth Care's New Labor and Privacy Law Frontiers: Defusing Tomorrow's Problems TodayDenver
May 14, 2008 Littler |
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