Facially Neutral No-Rehire Rules and the Americans with Disabilities Act

Hofstra Labor & Employment Law Journal, Vol. 22, No. 1, Fall 2004

19 Pages Posted: 4 Jan 2005 Last revised: 26 Oct 2009

See all articles by Christine Neylon O'Brien

Christine Neylon O'Brien

Boston College - Carroll School of Management

Date Written: 2004

Abstract

This article deals with the issue of whether alcoholism should qualify as a disability under the Americans with Disabilities Act. Under this theoretical category, an employee or potential employee would have a cause of action once he shows his disability no longer interferes with his ability to perform his job.

One example of a prospective plaintiff is a recovering alcoholic. The author addresses the difference between a disparate impact claim and a disparate treatment claim and asserts what employers should do to ensure they do not run afoul of the ADA.

Suggested Citation

O'Brien, Christine Neylon, Facially Neutral No-Rehire Rules and the Americans with Disabilities Act (2004). Hofstra Labor & Employment Law Journal, Vol. 22, No. 1, Fall 2004, Available at SSRN: https://ssrn.com/abstract=640389

Christine Neylon O'Brien (Contact Author)

Boston College - Carroll School of Management ( email )

140 Commonwealth Avenue
Business Law Department
Chestnut Hill, MA 02467
United States
(617) 552-0413 (Phone)
(617) 552-0414 (Fax)

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