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  1. Does the ADA require that we keep this under-performing employee on our payroll just because he is enrolled in a drug rehabilitation program? Although an employee's status as an alcoholic or a recovering drug addict may merit protection under the ADA in certain circumstances, including when the employee is in rehabilitation and is no longer using, an employee or job applicant is not "a qualified individual with a disability" if he or she is "currently engaging in the illegal use of drugs." 42 U. The EEOC advises that the term "currently engaging" "is not intended to be limited to the use of drugs on the day of, or within a matter of days or weeks before, the employment action in question." EEOC Interpretive Guidance on 29 C. Courts may also consider: Even if an employee does qualify for the safe harbor provision, that does not afford him automatic protection. The employee must further show that he is a "qualified" individual with a disability, which means that he must demonstrate that he can perform the essential functions of his job without reasonable accommodation. The employer may, however, act on the basis of the employee's poor performance, even if that poor performance is a result of the drug abuse. If an employer has a drug testing policy, the employer should ensure that the drug tests use reliable methods. This case appears to be an outlier, but it serves as a reminder that it is important to always thoroughly document performance and disciplinary problems to show that the reason for taking action against an employee is not pretextual. Courts applying the amended ADA continue to rely on ADA case law preceding the amendments. Precision Castparts Corp., 2012 WL 2577535 at *3-5 (S. Proskauer Associate Laura Deck assisted with this article.

  2. On the other hand, it shouldn't be vague or so over the tip that it doesn't even make sense, or shed some light on who you are as an individual. Below you will find suggestions for some unique, quirky, and creative usernames for your profile.