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
Date Written: 2004
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.
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