Substance abuse in the workplace costs employers billions of dollars annually in lost productivity,, and theft, to say nothing of Workers' Compensation, health insurance, and medical costs.
Creating a workable substance abuse policy is complicated by: the fact that states vary as to what they allow in the way of testing; the Americans with Disabilities Act (ADA), which affects how drug and alcohol addiction can be confronted; and legal proscriptions for acting on suspicions of actual workplace illegal drug and alcohol use.
1. Is it legal under the ADA to terminate an employee who is currently using illegal drugs?
Yes. Individuals who currently engage in the illegal use of drugs are specifically excluded from the definition of a "qualified individual with a disability" protected by the ADA when an action is taken on the basis of their drug use.
2. Is testing for illegal drugs permissible under th...(register to read more)