Panoply of laws applies to employees' addictions; employers face a myriad of legal hurdles in responding to workers' substance abuse

Article Abstract:

The Americans with Disabilities Act (ADA) is the most important law governing private-sector employer conduct with disabled employees, and alcoholism as well as drug addiction qualify as disabilities under the ADA. Each employer must become familiar with the law and will learn that there is no universally required response to disabled employees. Considerations such as the nature and resources of the business will influence how an employer deals with the law. Reasonable accommodation must be provided to a disabled employee unless such would be an undue hardship to an employer. Some detail on the ADA is given.

Substance abuse

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Questions remain as to supervisors' ADA liability

Article Abstract:

The nation's courts have not yet reached agreement on the personal liability of supervisors under the Americans with Disabilities Act (ADA). Most have drawn on existing Title VII decisions as the ADA incorporates Title VII elements, but that case law ranges from Miller v Maxwell's Plum, which held the employer solely liable, to Vakharia v Swedish Covenant Hospital, which held supervisors liable to ensure Title VII's purposes. Companies should take ADA compliance seriously and educate supervisors on the state of the law.

Supervisors

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