Total Articles: 6
Drunk Police Chief Not Protected By ADA.
When an off duty employee gets drunk and causes an automobile accident, can the employer discipline or terminate the employee even if he claims that he is an alcoholic protected by the ADA? In a Seventh Circuit Court of appeal case titled Budde v. Kane County Forest Preserve, the court considered this question in a discrimination case filed by a police chief.
Arizona Employee Gets Second Chance To Prove Bias (pdf).
A federal judge in Arizona recently
held that an employee who suffered
from post traumatic stress disorder
(PTSD) may sue for disability bias. According
to the court, the worker presented
sufficient evidence that he suffered
an adverse employment action as
a direct result of his disability.
Attempted Suicide Does Not Derail Lawsuit (pdf).
The federal appellate court with
jurisdiction over Tennessee employers
recently ruled in favor of an employee
who had been discharged following
her suicide attempt. According to the
Sixth Circuit Court of Appeals, the
employer’s perception of the worker’s
disability (resulting from her suicide
attempt) led to her discharge.
Posing Direct Threat to Co-Workers Not Qualified.
Discusses Hutton v. Elf Atochem North America, Inc., 2001 Daily Journal D.A.R. 12416 (9th Cir., November 29, 2001), in which the court held that a diabetic plaintiff was not qualified to perform the essential job functions of a chlorine operator job because he posed a direct threat to co-workers.
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.
Psychiatric Disabilities and the ADA.
Chapter 5 from "Sharing the Dream: Is the ADA Accommodating All?"; lengthy discussion of mental disabilities under the ADA, including coverage issues, accommodation, direct threat, and EEOC Guidance.
