ADA Title I Sec. 12114 Section 104

  1. Hi everyone. So I am in my new class of human resources management in graduate school. I was researching the ADA (Americans with Disabilities Act) and stumbled upon this section of the law that deals with substance use/abuse and hiring practices/prohibition's. My jaw hit the floor when I read this in the light of so many of you who post here stating that employers state your qualifications are excellent and that you are an excellent candidate and then slam the door when you mention the BON/contracts.

    It states that the qualified individual with a disability does not include any employee or applicant that is currently engaging in the use of drugs, when the covered entity acts on the basis of such use. However that nothing in the previous statement shall be constructed to exclude as a qualified individual with a disability an individual who:

    1) Has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs, or has otherwise been rehabilitated successfully and is no longer engaging in such use:

    2) is participating in a supervised rehabilitation program and is no longer engaging in such use; or

    3) is erroneously regarded as in engaging in such use, but is not engaging in such use.

    I paraphrased the paragraph, but numbers 1 through 3 are straight from the ADA website. I urge everyone here to check it out and make yourselves aware of it. Definitely something to consider if the time comes when it is blatantly obvious that you are not being hired based on the BON/contract that you are under.
    It is the PDF file titled Laws/Regulations.

    Have a very Happy Fourth of July. Celebrating independence from drugs and alcohol one day at a time and with God's grace and mercy.
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    About newmommy26

    Joined: Mar '14; Posts: 73; Likes: 148


  3. by   VivaLasViejas
    I hate to say this, but the ADA is pretty much toothless when it comes to matters of hiring/retaining workers with a disability. No, employers can't legally discriminate against us, but they can ALWAYS find another reason not to hire us, or to let us go once our disability is known. I have been terminated twice and had hours reduced in no small part due to my mental illness, but my employers always had reasons why they couldn't make reasonable accommodations, or simply manufactured things like "this just doesn't seem to be a good fit for you". And I didn't really have any recourse, because I couldn't prove I'd been discriminated against.

    It stinks, but it's reality.
  4. by   newmommy26

    Thank you for your comment. You are right about that it is hard to prove discrimination, especially in the nursing / healthcare field when it comes to how we care for patients. Even before I was under the BON I had a job and was let go because it was just not the right fit...what!!!!! Yup it stinks. I guess I posted this because it struck me as interesting that when applying for a job I might want to state that yes I do have a disability under the ADA in conjunction with answering the question of do you have a license that has ever been brought under disciplinary action and see what the result is. Any thoughts?
  5. by   VivaLasViejas
    You know, there's never a good time for that announcement. If you say it during the interview, you more than likely won't be hired; if you wait until the job offer is in your hands, you run the risk of having it withdrawn, or at the very least a target will be on your back the whole time you work there. I hope some folks who have been through similar situations will weigh in here.
  6. by   Twoyearnurse
    Well in Alaska we can record conversations without the other persons consent or knowledge . I don't really know, it comes down to other people standing uup for people who have disabilities. I worked with a man who was also autistic- he needed us to give him clear cut instructions (this was at a warehouse) and provided clear cut instructions were given (for example "go and bring in carts for 15 minutes") he would complete the task flawlessly. I had a terrible boss who kept trying to get rid of hhim becaus he didn't want to deal with it. I told this boss "you are required by law to retain him provided the modifications to the work environment are within reason" needless to say he was still working there when I left. It takes people around us to stand up for us- rarely do the persons with the disability have the power to do this- at least in my experience.
  7. by   newmommy26
    Thank you twoyear for the thought of recording I will be researching that at a later date I have done further research and it seems that as with a lot of the laws concerning employment and rights it is set by people setting the precedents by not backing down when they think they are being treated unfairly. I think that maybe that may be the issue when it comes to us nurses who are working so hard to make right our wrongs and live recovered lives. We need to not back down so easily. I hear so many here say they got through the process and told they were excellent candidates to then have the door shut on them. Sometimes I wonder what would happen if when told no, I will stand up and now say why. Give me the real reason if you said I was such a great candidate. When my time comes to reenter nursing, if it is God's will, I will certainly hope I will have the courage to set some precendent. Don't get me wrong right now I would be shaking in my boots.

    I think in the past three and a half months I have been introduced to the beat down and everyone is the same attitude from the BON that I understand the feeling of defeat some of us feel. I pray one day I can turn that feeling of defeat into action to fight for what I am working for.
  8. by   Esme12
    The ADA is great...for everyone else. Nursing is very good at creating a paper trail that justifies/legalizes their actions.

    I have spoken to lawyers, and the EEOC. I have called the ADA. As a nurse with a visible disability...a wheelchair....I cannot even get a phone triage job after 30 years as a ER nurse. They are "looking for a better candidate" or I am "over qualified".

    I feel your pain.
  9. by   newmommy26
    Wow are you serious. That is extremmely messed up. I am actually speechless that it has gotten to the point in nursing where if the nurse is not the perfect likeness of Florence Nightengale with no problems or hardships he/she had to overcome then she/he is not worth the title of RN. So dissapointing and sad that a cop with a gun and a badge is more readily given work after rehab and recovery and nurses are so not. Disgusting. SOMETHING HAS TO CHANGE!!!!!
  10. by   Esme12
    Nope not joking. I lost/fired or was "laid off" from several jobs before it became very apparent I need to have assistance to do walking. One place I tried the "reasonable accommodation" they gave me a severance package and signed not to sue them. It is a sad bad dream. There is NO explanation on this earth that I cannot even do a phone triage job. From the last time I worked until I fought for an won SSDI I had hundreds upon hundreds of applications, multiple interviews. I have heard every explanation/excuse under the sun on why I was, over qualified, not the better candidate, not enough education (I don't have a masters), not enough THAT position.

    I ahve been to the EEOC and filed complaints. I have been to lawyers...and can't afford the retainer. The NOND (National Organization of Nurses with Disabilities) couldn't help me...have you EVER seen a nurse in a wheelchair or walk with a cane?

    I am fat, old (53), disabled and ill. I am to be avoided at ALL costs. Sucks really.

    IMHO...we need to become a Union. There IS strength in numbers
  11. by   JuliaRNMSN
    I am unfamiliar with this area but want to comment...Is one disabled if for example, diagnosed with depression?
  12. by   JuliaRNMSN
    The BON enforces the Nurse Practice Act for each state. I get the general feeling that issues brought up in this forum are not BON's domain. BON's are set up to enforce the NPA and protect the public. Who advocates for nurses? I always believed one could go to their BON for direction on improper workplace practices. The National Nurses United is an interesting entity however, do unions really help a professional nurse? I read one article recently that stated the ANA is the representative for nurses. However, that entity is so huge and hard to access on a local issue. OK then the state nursing organizations are to be sought out for concerns. Uhm....they are too big and fragmented too...last time I visited with the district level.....I was concerned with the lack of interest in anything aside from increasing the amount of paying members.
  13. by   Esme12
    In my 35 years career I have found one organization that I feel actually helps it's nurses....the ENA. The cow. Do I sound bitter...maybe...I am mostly disappointed. I have worked at Union and Non Union facilities as staff and administration, it was enlightening to say the least. Before... when nursing was treated with respect by administration I felt there was no need. IN this current environment with CEO's making millions of dollars, risking patient safety, and turning a deaf ear to the nurses concerns I feel we have no choice.
  14. by   LadyFree28
    Quote from JuliaRNMSN
    I am unfamiliar with this area but want to comment...Is one disabled if for example, diagnosed with depression?
    They could be deemed disabled.

    I agree with Viva, once you announce having some form of mental illness, you do have a target on your back.

    I've resigned to NOT state that I have various physical and mental disabilities, even sometimes I think they could find out, I find myself not even trying to place it on a job application; and for that I have been able to find gainful employment.