Ada accommodating people with drug problems
full bio Cathie Fields is a partner in the Irvine office of Atkinson, Andelson, Loya, Ruud & Romo. Fields has represented school districts, community college districts, and other educational agencies in labor and employment matters, general education issues, and governance matters.She advises clients on employment issues ranging from hiring practices, preemployment inquiries and testing, and disability/accommodation concerns to disciplinary actions, certificated and classified layoffs, leaves of absence, contract drafting and interpretation, and wage and hour law.Two recent federal district court decisions address both issues.In , an Ohio district court considered a plaintiff’s claim that the employer unlawfully terminated the employee upon his return to work from a medical leave for alcohol rehabilitation.In order to combat those problems, many employers have developed policies and programs to identify, and, if required, to discipline and discharge employees who use illegal drugs and abuse alcohol.Some employers even provide employees with rehabilitation opportunities.
Protections Under the ADA Individuals suffering from alcoholism are protected under the ADA if they can perform their job duties safely and effectively.
Alcoholism and a history of drug abuse may be considered disabilities under the Americans with Disabilities Act (ADA).
Does that mean you have to accommodate the fallout from drunkenness at your workplace?
The cost of employee substance abuse is significant.
According to one previous study, the estimated cost in one year to American businesses as a result of alcohol and drug abuse among the workforce was billion, with billion of that figure due to premature death and billion due to illness.