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Americans with Disabilities Act (ADA) › Drug & Alcohol Abuse › Corporate Counsel

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

Complying With the ADA When Managing Employees With Alcoholism

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

Employers sometimes encounter intoxicated employees at work, but there are some compliance challenges under the Americans with Disabilities Act (ADA) when managing employees with alcoholism....more

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

EEOC Continues to Focus on Disability Discrimination Affecting Individuals in Drug Rehab Programs

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

The Americans with Disabilities Act (ADA) recognizes that an employee or applicant who is currently engaging in the illegal use of drugs (prescription or otherwise) is not a “qualified individual” with a disability....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

Parker Poe Adams & Bernstein LLP

Mandatory Disclosure of Prescription Drug Use May Violate ADA

Parker Poe Adams & Bernstein LLP on

When an employee tests positive for illegal drug use or self-discloses such use, many employers condition return to work on the employee’s participation in a substance abuse treatment program. These programs can include drug...more

Littler

EEOC Increases Scrutiny of Employer Actions Taken Against Prescription Drug Users

Littler on

Prescription drug abuse has made national news in the last few years. In March 2016, President Obama noted that “prescription opioid abuse and [the] heroin epidemic claims the lives of tens of thousands of Americans each...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

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