Article
Tips for Handling Workplace Substance Abuse Under Americans with Disabilities Act
Law 360
(2017)
Abstract
Addicts and alcoholics have not fared well in litigation which sought rulings in their favor for discrimination claims. This is in part due to the fact that drug addiction and alcoholism are inherently dissimilar to traditional disabilities that fit more neatly into the protections afforded by the ADA, and it is often difficult for employees with drug addiction and/or alcoholism to show that they are disabled such that they are unable to perform major life activities, yet still able to perform their essential job functions. In addition, there is an inherent tension between trying to protect the legal rights of addicts and alcoholics and the employers’ indisputable right to prevent the use of drugs and alcohol in the workplace.
Keywords
- ADA,
- Americans with Disabilities Act,
- alcoholism,
- alcoholics,
- alcoholism as a disability
Disciplines
Publication Date
October 11, 2017
Citation Information
Robert J. Usinger and Barry R. Temkin. "Tips for Handling Workplace Substance Abuse Under Americans with Disabilities Act" Law 360 (2017) Available at: http://works.bepress.com/barry_temkin/54/
Creative Commons license
This work is licensed under a Creative Commons CC_BY International License.