News & Analysis as of

Hiring & Firing › Americans with Disabilities Act (ADA) › Drug & Alcohol Abuse

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
DirectEmployers Association

DE Talk | Uncovering the Non-Traditional Workforce: Recruiting & Retaining Talent in Addiction Recovery

DirectEmployers Association on

DE Talk | Uncovering the Non-Traditional Workforce: Recruiting & Retaining Talent in Addiction Recovery Season 5 • Episode 1 It’s estimated that between 22-28 million Americans live in recovery from substance abuse but...more

Seyfarth Shaw LLP

EEOC Scrutinizes Employer Policies Regarding Prescription Drug Use

Seyfarth Shaw LLP on

The Equal Employment Opportunity Commission recently settled lawsuits with two employers it claims violated the Americans with Disabilities Act after rejecting a job applicant and terminating an employee based on their...more

Saul Ewing LLP

Wal-Mart Manager Terminated for Alleged Drug Abuse Files ADA Disability Bias Claim

Saul Ewing LLP on

Last Monday, former Wal-Mart manager Kathryn Silva filed an ADA disability bias claim in the Middle District of Pennsylvania that alleged Wal-Mart terminated her because she refused to sign a “last chance agreement.” The...more

Jackson Lewis P.C.

Casino Employee’s ADA Claims Dismissed Due To Current Drug Use

Jackson Lewis P.C. on

A federal court in Nevada dismissed a casino employee’s American with Disabilities Act (“ADA”) claims — even though he had been treated for substance abuse in the past — because he admitted to current drug use which is not...more

Littler

Protecting Alcoholics, Preventing Alcohol Misuse and Distinguishing Between the Two

Littler on

It has long been clear that the Americans with Disabilities Act of 1990 (ADA) protects alcoholism if it qualifies as a “disability.”1  That said, courts have consistently held that employers can have legitimate work rules...more

Constangy, Brooks, Smith & Prophete, LLP

Trojan Travails: Coach Sarkisian’s Alcoholism-Discrimination Lawsuit Against USC

Constangy, Brooks, Smith & Prophete, LLP on

Readers have been clamoring for my take on the alcoholism-discrimination lawsuit filed by Steve Sarkisian against the University of Southern California. Actually, I got one email from a reader, who had a better take on the...more

Fisher Phillips

Drinking On The Job? Five Things Employers Need To Know In The Wake Of The USC Football Coach Controversy

Fisher Phillips on

Football powerhouse USC (University of Southern California) fired its head football coach Steve Sarkisian on October 12, 2015, after it was widely reported that the coach had been under the influence of alcohol during several...more

Franczek P.C.

After He Allegedly Showed Up Drunk to Practice, Should Former USC Football Coach Steve Sarkisian Have Been Placed on FMLA Leave...

Franczek P.C. on

A question was posed to me on Twitter this past week: Shouldn’t former University of Southern California (USC) football coach Steve Sarkisian have been placed on FMLA leave to get treatment for apparent alcoholism instead of...more

FordHarrison

Alcoholism and how USC may have violated ADA by firing Steve Sarkisian

FordHarrison on

On October 12, 2015, Steve Sarkisian was fired as head coach of the University of Southern California (USC) football team. While USC contends Sarkisian was fired for “cause,” there is no question that his alcohol-related...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Alcoholism and the ADA: The DOs and DON’Ts of Alcohol Testing in the Workplace

Ogletree, Deakins, Nash, Smoak & Stewart,... on

The Americans with Disabilities Act of 1990, as amended (ADA) considers alcoholism to be a “disability.” Individuals who suffer from alcoholism are entitled to the protections of the ADA just as those with significant mental...more

Fisher Phillips

Ask Fisher & Phillips: Our Top 10 Questions From Dealers (Part Three)

Fisher Phillips on

This edition of “Ask Fisher & Phillips” picks up where our last newsletter left off – here is the concluding segment of the “Top 10 Questions from Dealers” from the past year....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on

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

Ballard Spahr LLP

Firing Alcoholic Employee for Relapse Is Not ADA Violation, Third Circuit Holds

Ballard Spahr LLP on

The U.S. Court of Appeals for the Third Circuit has ruled that a freight transportation company did not violate the Americans with Disabilities Act (ADA) and other antidiscrimination laws when it fired an alcoholic employee...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on

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

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