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
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Effective treatment is an integrated approach incorporating detoxification, prescription medications, intense behavioral therapy, and relapse prevention that relies heavily on “community or family based recovery support systems” and a designated aftercare program (Drug Facts, 2009). A prudent employer should seek counsel from qualified professionals such as, medical professionals and Addiction Assessment specialists, who can objectively advise on matters of addiction therapy. These professionals can help the employer and their Human Resource professionals understand the differing types of treatment programs in order to help them assist their employees through EAP programs. It behooves them to understand the pros and cons of Long-Term Residential Treatments, Short-Term Residential Treatments, Outpatient Treatment Programs, Individualized Drug Counseling, Group Counseling and even programs for addicts through the Judicial
Effective treatment is an integrated approach incorporating detoxification, prescription medications, intense behavioral therapy, and relapse prevention that relies heavily on “community or family based recovery support systems” and a designated aftercare program (Drug Facts, 2009). A prudent employer should seek counsel from qualified professionals such as, medical professionals and Addiction Assessment specialists, who can objectively advise on matters of addiction therapy. These professionals can help the employer and their Human Resource professionals understand the differing types of treatment programs in order to help them assist their employees through EAP programs. It behooves them to understand the pros and cons of Long-Term Residential Treatments, Short-Term Residential Treatments, Outpatient Treatment Programs, Individualized Drug Counseling, Group Counseling and even programs for addicts through the Judicial