II−2.3000 Drug addiction as an impairment. Drug addiction is an impairment under the ADA....
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II-2.3000 Drug addiction as an impairment
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8.5 Recovering Drug Addicts
8.5 Recovering Drug Addicts Persons addicted to drugs, but who are no longer using drugs illegally and are receiving treatment for drug addiction or who have been rehabilitated successfully...
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8.6 Persons "Regarded As" Addicts and Illegal Drug Users
8.6 Persons "Regarded As" Addicts and Illegal Drug Users Individuals who are not illegally using drugs, but who are erroneously perceived as being addicts and as currently using drugs...
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III-2.3000 Drug addiction as an impairment
III−2.3000 Drug addiction as an impairment. Drug addiction is an impairment under the ADA....
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1630.16(b)(4)
(4) May hold an employee who engages in the illegal use of drugs or who is an alcoholic to the same qualification standards for employment or job performance and behavior to which...
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§1630.16(b)(4)
(4) May hold an employee who engages in the illegal use of drugs or who is an alcoholic to the same qualification standards for employment or job performance and behavior to which...
- Autism and Addiction: Coping with and Treating Your Dual Diagnosis
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§35.131 Illegal Use of Drugs
Addiction is a disability, and addicts are individuals with disabilities protected by the Act....
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II-3.8000 Illegal use of drugs
II−3.8000 Illegal use of drugs. Discrimination based on an individual's current illegal use of drugs is not prohibited (see II−2.3000). Although individuals currently using illegal...
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8. Q: May an applicant be asked prior to a conditional job offer whether he or she has ever used illegal drugs or been arrested for any reason?
However, a law enforcement agency may not ask at the pre-offer stage about the frequency of past illegal drug use or whether the applicant has ever been addicted to drugs or undergone treatment...
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§35.131 Illegal use of drugs
§35.131 Illegal use of drugs.
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§35.131 Illegal use of drugs (Section-by-Section Analysis)
§35.131 Illegal use of drugs. (Section-by-Section Analysis) Section 35.131 effectuates section 510 of the ADA, which clarifies the Act's application to people who use drugs...
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§ 35.131 Illegal use of drugs.
[See subsections ...]
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9. Q: Can I disqualify all applicants with felony convictions even though a former addict with a felony drug conviction would be excluded?
A: Yes, as long as you can show that the exclusion is job-related and consistent with business necessity.
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8.8 Pre-Employment Inquiries About Drug and Alcohol Use
However, an employer may not ask whether an applicant is a drug addict or alcoholic, nor inquire whether s/he has ever been in a drug or alcohol rehabilitation program....
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7. Q: What about applicants with a history of illegal drug use? Do they have rights under the ADA?
Only individuals who are addicted to drugs, have a history of addiction, or who are regarded as being addicted have an impairment under the law....
- Sunrise House Treatment Program: Substance Abuse Among Physically Disabled Individuals - Lafayette, NJ
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8.7 Efforts to Prohibit Drug and Alcohol Use in the Workplace
The ADA may, however, require consideration of reasonable accommodation for a drug addict who is rehabilitated and not using drugs or an alcoholic who remains a "qualified individual with...
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11. Q: If an applicant tests positive for illegal drug use, can I ask whether he or she is using any prescription medications under a doctor's care that may have caused a positive result?
A: Yes. Inquiries into the use of prescription drugs are permitted in response to a positive drug test, even though the answers may disclose information about a disability.
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10. Q: Does the ADA have any impact on the use of drug-testing?
A: No. Police departments may subject current employees to testing for illegal use of drugs and may require job applicants to undergo such testing at any stage of the application...
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4. Drug addicts and alcoholics
is related to the person's drug addiction or alcoholism....
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37. Treatment of Drug Addicts and Alcoholics
Section 104.53 is a new section that prohibits discrimination in the treatment and admission of drug and alcohol addicts to hospitals and outpatient facilities....
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§104.53 Drug and alcohol addicts.
A recipient to which this subpart applies that operates a general hospital or outpatient facility may not discriminate in admission or treatment against a drug or alcohol abuser or...
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§35.131(a) (Section-by-Section Analysis)
Addiction is a disability, and addicts are individuals with disabilities protected by the Act....