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Medical review officers can help eliminate disability discrimination claim

Oklahoma consistently ranks at or near the top of all states when it comes to prescription drug abuse. The prescription rate for opioids (i.e., painkillers) in Oklahoma is among the highest in the nation, and the state also...more

Is An Employee Who Is Six Days out of Rehab “Disabled” Under the TCHRA?

The Texas Commission on Human Rights Act (TCHRA) provides that a “current condition of addiction” to alcohol, drugs, or controlled substances is not a covered “disability.” In Melendez v. Houston Independent School District...more

RWAs Can Help Manage Alcoholic Employees

Although alcoholism is a disability under the Americans with Disabilities Act (ADA), employers may terminate employees who violate agreements to get sober. A U.S. court of appeals recently reaffirmed this principle, ruling in...more

Group Homes Can Move Forward With Their Lawsuit Challenging an Ordinance that has the Practical Effect of Prohibiting Group Homes...

The United States Court of Appeals for the Ninth Circuit held that the district court erred in dismissing a lawsuit challenging a city ordinance that effectively banned group homes for alcoholics and drug users with an...more

Operating Room Nurse Prohibited From Working After a Drug Rehab Stint Cannot Support ADA Failure to Hire Claim

In a case that underscores the inherent difficulty of implementing the Americans with Disabilities Act (ADA) in situations involving workplace safety issues, a federal district court in Connecticut determined that an...more

Alcoholic Anxiety-Stricken Nurse States Termination Claim Under NJLAD, New Jersey District Court Holds

In Skidmore v. Virtua Health Inc., 2012 U.S. Dist. LEXIS 86181 (D.N.J. June 21, 2012), a nurse with attendance issues related to her alcoholism and anxiety was terminated by her employer after she failed to report to work on...more

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