It simply means that he is not definitely excluded from individuals that may qualify as disabled. A federal court in Utah recently held that a reasonable jury could have concluded that an employee was a "qualified disabled person" due to his prescription drug addiction, and a reasonable jury could further conclude that, in light of an employer's inadequate investigation, questionable drug test results, and inconsistent performance reviews, the employer's claim that it terminated the employee for poor performance was mere pretext, masking its true discriminatory intent. Westminster College of Salt Lake, 2012 WL 4069654 at *1-3 (D.
The largest percentage of people with disabilities in this country is actually those whose disabilities are hidden."At the end of July, Tarshish, who has been working alongside people with disabilities since before the ADA’s passage, was among the more than 1,000 people who gathered at the Minnesota History Center to commemorate the ADA's 25th anniversary with a special family day celebration.
The day was a cause for celebration, Tarshish said: In the years since the ADA’s enactment, Americans with disabilities have made great strides in gaining civil rights and legal protections.
A 2002 national survey on drug use and health conducted by the U. Department of Health and Human Services indicated that of 16.6 million adult current illicit drug users, 74.6% (12.4 million users) are in the workforce. Another survey showed that an estimated 6.2% of adults who are full-time employees are heavy drinkers while more than 60% of adult workers know someone who has reported for work under the influence of alcohol or other substances.
The cost of employee substance abuse is significant.
A 2002 national survey on drug use and health conducted by the U. Department of Health and Human Services indicated that of 16.6 million adult current illicit drug users, 74.6% (12.4 million users) are in the workforce.
Substance abuse by employees — it’s one of the most difficult issues an employer can face.
The ADA is an inclusive piece of legislation, she pointed out, that also provides legal protections for Americans with hidden disabilities, including mental illness and addiction disorders.“People with all disabilities are covered under the ADA,” Tarshish said.
“I would imagine that some people assume that only people with visible disabilities are truly disabled, but that’s not the case.
According to one previous study, the estimated cost in one year to American businesses as a result of alcohol and drug abuse among the workforce was billion, with billion of that figure due to premature death and billion due to illness.
According to the National Cocaine Helpline, 75% of its callers admitted to having used drugs on the job, 64% indicated that drugs had adversely impacted their job performance, 44% stated they had sold drugs to fellow employees and18% said they had stolen from their fellow employees in order to support their drug habit.
Thus, the employee must demonstrate that his addiction amounts to a "disability" because it substantially limits one or more major life activities.