A Brief Note On The Americans With Disability Act Essay

1064 Words Sep 1st, 2016 5 Pages
ADA SAFE HARBOR The Americans with Disability Act was amended in 2009 to make substantial changes in what is now determined a disability. The ADAAA now protects qualified individuals with a disability in “all terms, conditions, and privileges of employment” (Guerin & Barreiro, 2016, p. 40). However, this protection does not extend to an employee who is presently using any illegal drug(s). In order for an employee to be eligible for protection under the ADAAA, he or she would have to meet the following criteria: Successful completion of a drug rehabilitation program and no longer using illegal drugs, he/she is part of a drug rehabilitation program and no longer uses drugs or “are erroneously believed to use drugs illegally when, in fact, they do not (Guerin & Barreiro, 2016, p. 48). In a case decided by the 10th Circuit in 2011, Mauerhan v. Wagner Corp., the court ruled in favor of the employer. The employer did not reinstate an employee after having completed a drug rehabilitation program. According to a summary of the case published by the Society for Human Resource Management, the employee failed a drug test approximately a year after having completed a voluntary drug rehabilitation program. The court ruled the employee was not protected by the “bright line” rule under ADA, due to the fact the failed drug test discovered he was currently engaging in illegal drug use, which upheld the employer’s right to terminate employment.
Bright Line
The merits of each case…

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