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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 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: 7 ArticlesNO SUBTOPICSEmployment Law Seminars
Top Tips to Protect Your Workplace From Violence
Webinar
November 10, 2009 HR Learning Center LLCWorkplace Change in the Obama EraColumbus
November 10, 2009 Littler2009 Employment Practices ConferenceUniversal City
November 10, 2009 Ballard RosenbergFall Employment Law Mini-SeriesTysons Corner
November 10, 2009 LittlerBusiness Continuity During the H1N1 OutbreakWebinar
November 10, 2009 Littler"Action Steps for Upcoming Open Enrollment" Free E-BriefingWebinar
November 10, 2009 Ford & HarrisonLabor and Employment Law SeminarLos Angeles
November 11, 2009 OgletreeHR Network 2009 | RestonReston
November 12, 2009 CooleyThe Labor & Employment Compliance Costs of Federal ContractingWebinar
November 12, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyLa Jolla
November 12, 2009 Fisher & Phillips |
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