Workers Who Legally Use Cannabis Can Still Lose Their Jobs

The ADA applies to addiction to alcohol and to the illegal use of drugs differently. Addiction to alcohol is generally considered a disability whether use of alcohol is in the present or in the past. For people with an addiction to opioids and other drugs, the ADA protects a person in recovery who is no longer engaging in the current illegal use of drugs. Now I am a clinical psychologist, professor of psychology, and mother to three young kids who have a genetic vulnerability to addiction. I’ve spent the past 20 years studying addiction and providing evidence-based addiction treatment.

• This exempts individuals who miss work because of drugs but are not seeking treatment.
• For people with an addiction to opioids and other drugs, the ADA protects a person in recovery who is no longer engaging in the current illegal use of drugs.
• They may feel uneasy about an individual with a gap in their work history, no matter the reasons.
• People can not be discriminated against by law based on race, gender, age, or disability.

Can You Get Fired for Going to Rehab?

Establishing achievable goals beforehand makes one’s preparation process before rehabilitation simpler and more efficient. Creating a manageable plan is important in order to maintain a balance between home life and rehab. Developing an effective list of tasks with regard to the guidelines provided by the treatment center can help one keep their goals in sight while providing organization throughout recovery. It is essential to be ready for any questions your colleagues might have related to the rehab program you just completed. Only address inquiries that you’re comfortable with and try not to forget about setting personal boundaries during this process, as your recovery should always take precedence over other matters. Once employees feel that the company did the right thing and removed a toxic person, they will have faith that they are supported.

What Kind of Drug Tests Are Given for Civil Service Jobs?

You cannot and should not lie about the reason for your termination; however, you don’t have to provide the underlying reason for your termination if it was alcohol-related, except that you violated a company policy. Commission on Civil Rights explain that employers can prohibit alcohol and drug use in their workplaces. In addition, employers are allowed to terminate or deny employment to signs of drug use workers or job applicants who are engaging in the illegal use of drugs. Employees can also be required to adhere to the Drug-Free Workplace Act of 1988 and other similar rules established by federal agencies. This Act prohibits employers of services from firing, discriminating against, or refusing to hire suitable and qualified employees because of their disability which includes addiction.

How to Terminate an Employee With Compassion: Step-by-Step Guide

So far, 14 states and Washington, D.C., have banned employers from discriminating against workers who use marijuana for medical reasons. New Jersey and New York ban employers from discriminating against workers who legally use marijuana medically or recreationally. And Nevada bans employers from refusing to hire someone solely because they fail a marijuana test. Staying organized and on task with your recovery goals is made easier by adhering to the packing list given out by the treatment center.

• Encourage team members to reach out with any concerns or questions they may have.
• In progressing his professional career and being exposed to different areas of the business, led him to his current role as the Sales Operations Manager.
• If you cannot guarantee all three of these conditions, then it may be best not to report on the condition of anonymity.
• The experts at Oschmann Employee Screening Services recommend documenting all suspicious activities (such as failing to meet job responsibilities and erratic behavior) and reaching out to the human resources department.
• From posting jobs to scheduling interviews, CareerPlug allows you to automate certain parts of the process to improve your results and save you time.

U.S. Equal Employment Opportunity Commission

• Only trained and licensed medical professionals can provide such services.
• This ensures that your actions align with ethical and professional standards.
• These problems can include diminished job performance, lowered productivity, absenteeism, tardiness, high turnover, and increased medical and workers’ compensation bills.

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