Under the provisions of the American with Disabilities Act (ADA), as well as under many parallel state laws, individuals who successfully have completed a supervised drug rehabilitation program and who are no longer engaged in the illegal use of drugs are protected from employment discrimination. However, courts that have reviewed cases under this “safe harbor&rdquo
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Operating room nurse prohibited from working after drug rehab cannot support ADA failure to hire claim.
By Maria Danaher on
Posted in ADA
In a case that points out the inherent difficulty of implementing the Americans with Disabilities Act (ADA) in a situation involving safety issues, a federal district court in Connecticut determined that an operating room nurse was not qualified for protection under the ADA because he was weeks away from the end of a year-long prohibition…