ADA Interaction With Addictions and Personal Habits
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Learn how to handle the complex issues that can arise when dealing with addictions in the workplace.The Americans with Disabilities Act is complicated and filled with traps for unwary employers. Employers focused on efficiency or reduction of disruptions may seek to root out someone they think is using drugs. But can you do that? What if you are wrong? You could end up paying a significant legal judgment for disability discrimination. This topic will help avoid that result by examining when the ADA is implicated by individuals presenting addictions or other problematic behaviors as well as what actions you can take - and what actions you must take - when you believe an individual is illegally using drugs or using alcohol improperly to comply with the law and protect your business.
AuthorsD. Wes Sullenger, Sullenger Law Office, PLLC
Why Do Addictions and Personal Habits Implicate the Americans With Disabilities Act?
• Status as Addict Versus Conduct of Addiction
• How Do Employers Deal With Illegal Users of Drugs? What About Users of Illegal Drugs?
• Are Users of Alcohol or Legal Users of Legal Drugs Different?
What Can You Do When You Suspect a Problem?
• Accommodation of Known Disabilities
• When Do You Have a Duty to Inquire
• Disability Versus Conduct
Last Chance Agreements
• Why to Use Last Chance Agreements
• How to Draft Effective Last Chance Agreements
• Enforcement of Last Chance Agreements
Testing Employees With the Status of Addict
• How Can Employers Be Assured That Employees Are Not Engaging in Illegal Use of Drugs or Alcohol
• Employers Subject to Department of Transportation Regulations
• When Can Employers Ban Employees With a History of Illegal Use of Drugs
Habits Not Expressly Covered by the ADA
• When Can Employers Ban or Punish Smokers?
• Is Overeating or Excess Weight Relevant to Employment Decisions?