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Labor and Employment Law

Maurice A. Deane School of Law at Hofstra University

2004

Substance abuse

Articles 1 - 2 of 2

Full-Text Articles in Law

Facially Neutral No-Rehires Rules And The Americans With Disabilities Act, Christine Neylon O'Brien Jan 2004

Facially Neutral No-Rehires Rules And The Americans With Disabilities Act, Christine Neylon O'Brien

Hofstra Labor & Employment Law Journal

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.


Stepping Out Of The Courtroom And Into The Personnel Department: An Analysis Of Reasonable Accommodation And Disparate Impact In Raytheon V. Hernandez, Douglas Menikheim, Frederick R. Trelfa Jan 2004

Stepping Out Of The Courtroom And Into The Personnel Department: An Analysis Of Reasonable Accommodation And Disparate Impact In Raytheon V. Hernandez, Douglas Menikheim, Frederick R. Trelfa

Hofstra Labor & Employment Law Journal

No abstract provided.