When it comes to drugs and alcohol, those addicted to drugs and alcohol are not treated the same way as persons with other disabilities. For example, an employer has the right to evaluate an alcoholic employee or an employee addicted to drugs as if the disability didn’t exist. 42 U.S.C. § 12114(c)(4); EEOC interpretive guidance
Guidances
Understanding ADA: Best of 2014 as Determined by You the Readers
Happy new year everyone!
As we turn to the new year, several of my fellow bloggers have taken a look back at the prior-year on their blogs. I thought that was an absolutely fabulous idea, and thanks to metrics, something that can be easily done. So here are the top 12 most popular Understanding the…
Meaningful access does not mean total access
By William Goren on
Previously, I have blogged that with respect to title II, the critical question is whether a person has meaningful access to the services, programs, activities of the public entity. This week’s case, Medina v. City of Cape Coral (an unpublished decision), , 2014 U.S. Dist. LEXIS 168680 (M.D. Fla. December 5, 2014), stands for the…
Why can’t more guidances be like this one?
By William Goren on
I’m not a big fan of guidances for several reasons: I find that lawyers rely on them as a crutch unnecessarily in many cases; the guidances oftentimes push an agenda and are not based on case law or regulations; as guidances they are not regulations and so therefore are subject to being ignored by the…