Are drug addicts covered under the ADA?
Only individuals who are addicted to drugs, have a history of addiction, or who are regarded as being addicted have an impairment under the law. In order for an individual’s drug addiction to be considered a disability under the ADA, it would have to pose a substantial limitation on one or more major life activities.
Are smokers covered under ADA?
Although smoking itself is not likely a disability under ADA, smoking may have attendant health issues that do qualify as disabilities. Courts have concluded that all employees, and not just individuals with qualifying disabilities, are entitled to this ADA protection.
Which Equal Employment Opportunity Act protects individuals over the age of 40 from discrimination?
The Age Discrimination in Employment Act (ADEA) forbids age discrimination against people who are age 40 or older.
Do smokers have any rights at work?
Employers are free to ban all smoking in the workplace, even if state law allows it. In other words, there is no law that protects your right to smoke at work. However, employers have less freedom to regulate off-duty smoking by employees. Several states have laws prohibiting discrimination against smokers.
Do smokers have rights?
People often mistakenly believe that there is a legally protected “right to smoke” or that a smokefree building policy would discriminate against smokers. However, there is no such legal right to smoke, and people who smoke are not a protected class.
What does the EEOC do to prevent discrimination?
Currently, EEOC has enforcement responsibility for the following federal employment discrimination laws: Title VII of the Civil Rights Act of 1964 (Title VII), which makes it illegal to discriminate against a person on the basis of race, color, religion, sex, or national origin.
Are smokers protected from employment discrimination?
No wonder many employers wanted to stop hiring smokers. But it’s complicated. While smokers are not a protected class under federal anti-discrimination laws, state law varies.
Who is protected from discrimination in the workplace?
Who is protected from employment discrimination? Applicants, employees and former employees are protected from employment discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, or gender identity ), national origin, age (40 or older), disability and genetic information (including family medical history).
Can my employer prohibit me from working because of my addiction?
“When a worker has a record of such a disability and is performing his job proficiently, an employer cannot lawfully preclude the worker from employment because he is receiving treatment for his addiction.”