And Tidwell, five pages of footnotes supporting this article, yeah, probably too much for you to read!
To quote from the linked article:
"The following is an overview of the current legal obligations for employers and employees:
An individual who is currently engaging in the illegal use of drugs is not an “individual with a disability” when the employer acts on the basis of such use.
An employer may not discriminate against a person who has a history of drug addiction but who is not currently using drugs and who has been rehabilitated.
An employer may prohibit the illegal use of drugs and the use of alcohol at the workplace.
It is not a violation of the ADA for an employer to give tests for the illegal use of drugs.
An employer may discharge or deny employment to persons who currently engage in the illegal use of drugs.
Employees who use drugs or alcohol may be required to meet the same standards of performance and conduct that are set for other employees.
Employees may be required to follow the Drug-Free Workplace Act of 1988 and rules set by federal agencies pertaining to drug and alcohol use in the workplace."
Posted By: RodTidweLL
Which means they can be terminated for doing absolutely nothing wrong. But if they are terminated for health related issues like drug addiction it is illegal. This is because they are now being discriminated against for health reasons which is a protected class.
-- Modified on 4/21/2015 11:09:11 AM
