Posted on December 17, 2018
Is Drug Addiction A Disability Under Ada Hackensack Nj
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The ADA Home Page provides access to Americans with disabilities act (ada) regulations for businesses and State and local governments, technical A: It depends. Casual drug use is not a disability under the ADA. Only individuals who are addicted to drugs, have a history of addiction…
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Recovering addicts may be entitled to protection under federal law. Many people who work in addiction treatment assert that addiction is a disease. ADA coverage helps ensure that disabled people are not discriminated against because of their disabilities in terms of hiring, advancement, or…
– Under the Americans with Disabilities Act (ADA), addiction is considered a disability. NJ State law may give your friend better protection if this was March 1, 2015, the date the new law takes effect. In the meantime, advise your friend to seek legal counsel.
An employer who knows of an employee’s protected disability may have an obligation to engage in the interactive process to determine a reasonable accommodation; however, neither the ADA nor the NJLAD protects employees whose drug addiction or alcoholism impairs their job performance.
Under the PHRA, a disability is defined as any handicap or disability, physical or mental, which substantially limits one or more of such persons’ life activities; a record of having such an impairment or; being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to, a controlled substance.
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The list of disabilities covered under the ADA refers to all the disabilities for which an employee is protected from discrimination by employers.3 min read.
Under our interpretation of the LAD, the question is whether there is any evidence that plaintiff was discharged for drug addiction despite her successful completion of the drug rehabilitation program. In that regard, we note that under the policy of the EAP, the reason for plaintiff’s hospitalization was to be treated as confidential. Although the EAP and the Employees Health Department had …
Is Drug Addiction Covered Under ADA? The law does cover individuals who are being rehabilitated or who have completed rehabilitation. What is considered a disability under ADA? Alcoholism is considered a disability under ADA since it often has a physical and mental impairment that limits a…
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