ADA Title I Sec. 12114 Section 104

[newmommy26]

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.

http://www.ada.gov/2010_regs.htm

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.

[LadyFree28, BSN, LPN, RN]

I am unfamiliar with this area but want to comment...Is one disabled if for example, diagnosed with depression?

Thanks

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.

.

[VivaLasViejas, ASN, RN]

I am unfamiliar with this area but want to comment...Is one disabled if for example, diagnosed with depression?

Thanks

Major Depressive Disorder is indeed a disability. But it doesn't have to mean you're disabled. There is a big difference.

[JuliaRNMSN]

Like walking a tightrope...yes a disability and an opening to question an RN's judgement.

[JuliaRNMSN]

What is ENA?

[Esme12, ASN, BSN, RN]

What is ENA?

Emergency Nurses Association

[1sttime]

I did not disclose my disability until the job offer had been made- up until that point I did not have a professional relationship with my prospective employer. Once the job offer was made I simply said I want to inform you that I am in the nurse monitoring program.

[newmommy26]

1st time ... is that an okay thing to do...is it legal? I am just wondering because I thought you had to let them know during interview process that your license was under stipulations. Is that not the case until a job offer is made. See this is why I need a lawyer and my old one refuses to return my calls grrrrrrr.

[1sttime]

My BON states to tell "prospective employers" not potential employers... prospective is something that is likely to happen. A job offer is usually made contingent on a criminal background and drug screen.

Im sure within the BON there are differing opinions depending on who you talk with about when the disclosure should be made.

Defining the terms of your contract would be something a contract attorney could do? What dictionary does your BON use to define its contract terms?