Tag: impairment

Canada Wrestles with Medical Pot’s Impact on Safety-Sensitive Jobs

Perceptions of marijuana have changed dramatically in Canada. What used to be an illegal drug is now a recognized medical treatment and is soon to be a legal recreational activity.  Canada’s Cannabis Act—making recreational marijuana legal—will take effect on October 17, 2018. Employers have struggled to balance the changes against legitimate health and safety issues, […]

Disability developments: the shape of things to come?

by Christopher J. Pyles Employers often face difficult challenges when they’re called on to determine if employees are “disabled,” especially when considering characteristics like height and weight.  It’s up to you Under the Americans with Disabilities Act (ADA), a person is considered “disabled” if he has a physical or mental impairment that substantially limits one […]

10 Tips for Your Business’ Drug and Alcohol Policy

Drugs, alcohol, and employment generally don’t mix well. Employers face tricky choices when creating policies that address workplace substance use and abuse while still ensuring they stay within the bounds of state and federal laws, including the Americans with Disabilities Act (ADA). Employers must decide whether to require drug testing and then craft policies that […]

Is Every Employee Disabled?

By Michael E. Barnsback That was the question we received at the conclusion of the ADA Compliance Virtual Summit, which I conducted with Audra Hamilton on June 15, 2011. The question was reasonable after conference participants learned that the Equal Employment Opportunity Commission’s (EEOC) new regulations emphasize that the focus of the Americans with Disabilities […]

EEOC Makes Case for Obesity Discrimination

By Timothy M. Barber The Equal Employment Opportunity Commission (EEOC) recently sued an employer in New Orleans, Louisiana, claiming it violated the Americans with Disabilities Act (ADA) by firing a woman because she was obese. In the past, an employee’s obesity didn’t constitute a “disability” within the meaning of the ADA. However, in light of […]

Does Banishing Scents Make Sense at Work?

It seems that the number of people with allergies or sensitivities to various scents and smells has grown substantially. Some of those allergies can be severe, causing severe respiratory difficulties and other serious health issues. Questions continue to arise about the often competing rights of allergic employees and coworkers who wish to be able to […]

ADA Amendments Act Expands Definition, Interpretation of Disability

President Bush signed the ADA Amendments Act of 2008 (ADAAA) into law on Sept. 25. It will expand interpretation of the American with Disabilities Act’s coverage, reversing a trend toward narrow construction that began with a string of U.S. Supreme Court decisions starting in 1999. The amendments become effective January 1, 2009. Learn more from […]