Preview

Substance Abuse In The Workplace

Good Essays
Open Document
Open Document
729 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Substance Abuse In The Workplace
What are some measures a company may take to reasonably accommodate people with disabilities, or those with a known drug abuse problem, and how does the simulation demonstrate these?

To ensure that an employer is benefitingt from its applicant pool, the employer should be “disability-blind” and assess each applicant on the basis of her or his qualifications. During all stages of employment, such as interviewing, hiring, employee relations, transfer requests, performance reviews, disciplinary decisions, and termination. Following the guidelines as stated in section 503 of the Rehabilitation Act which necessitates affirmative action on the part of federal contractors and agencies to recruit, hire, and train disabled workers. Create facilities
…show more content…
On some instances if the employee admits that they have a drug problem, they will be sent to a facility to help them overcome their dependency. When or if the employee has successfully completed rehabilitation, the employee can then be protected under the ADA. In order to avoid possible violations with Title VII, an employee should be offered their position when they complete rehabilitation. If the employer speculates alcoholism, the employee must be notified of counseling services. If the alcoholism persists, the employer must give the employee an option between treatment and disciplinary action which maybe …show more content…
Explain why or why not. How does the simulation demonstrate this?

Title VII can override the employment environment and conditions detailed in a written employment contract between an employer and employee. Title VII is a federal law and an employment agreement, whether verbal or written, must obey to the law.
An employment contract does not allow for or legalize any act of discrimination that is covered by Title VII. In the simulation it speaks of adding drug and employee testing in the pre-employment stage. Although the President and COO of the company doesn’t want to start an employee drug and alcohol program for the employees, Mark Corrigan, Creative Director thinks it should be mandatory to have a drug and alcohol testing before employment. When you have two executives in a company with conflicting ideas it is good to have legal representation to put things into perspective. As far as the advertisement for the vacant positions the Legal advisor has made recommendations for the verbiage for the advertisement. In order to be on legal ground it is imperative to keep in mind Title VII when implementing an employee handbook which is enforcing drug and alcohol

You May Also Find These Documents Helpful

  • Good Essays

    Murray’s physical capacity is restricted to sedentary work that involves lifting up to 10 pounds at a time, occasionally, and requires occasional walking and standing, for up to 2 hours a day (he cannot stand for about 3 hours without experiencing discomfort). To avoid pain exacerbation, Clayton is recommended to refrain from performing job duties requiring long hours of standing, walking, lifting and carrying heavy objects. Considering that these activities are essential for a maintenance staff member position and a baker helper, and that modifications of these job duties are not possible to accommodate this client, Mr. Murray might have to find an alternative work that is more suitable for his medical condition. Because of his functional intellectual disability, this client may not have the capacity to engage in training to become more employable. However, he received on-the-job training in blueprint reading at Marcus Brothers Constructions. Clayton is recommended to seek an employment with a company that could utilize this skill (that is not physically demanding) and the same time provide required accommodations for his impairment. Additionally, Mr. Murray should explore job opportunities that are in a close proximity to his home and accessible by public transportation that he has to occasionally relay on. Long hours spent on the bus and walking to the bus station might aggravate his medical…

    • 555 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    3.Can Title VII override the employment environment and conditions detailed in a written employment contract between an employer and an employee? Explain why or why not. How does the simulation demonstrate this?…

    • 486 Words
    • 3 Pages
    Satisfactory Essays
  • Better Essays

    The legal issue in this case is about David Dunlap the plaintiff who has been faced with discrimination on the basis of race in the interview at Tennessee Valley Authority (TVA) during the employment process of this company. Mr. Dunlap is an African American man whom has worked for many years as foreman through contract for the union. He has worked as a contractor with the union at Tennessee Authority as a boiler man for over twenty years including fifteen years as a foreman. He has applied for employment at TVA numerous times since 1970 and was not once offered an interview. Mr. Dunlap has established that regardless of experience and during the hiring development, the company has allowed racial favoritism. The court has to recognize if the business is legally responsible under title VII of the civil rights act of 1964 for racial bias with intent. Mr. Dunlap has claimed the case under disparate impact and disparate treatment investigation. (Walsh, 2010)…

    • 1097 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Section 504 of the Rehabilitation Act is a federal law that states any discrimination of a qualified disabled individual is strictly prohibited. These disabled individuals cannot be denied from benefits or services due to their disability. Employers are not allowed to discriminate in the process of hiring to those that are disabled. Those that are required to comply are ones that receive any federal funding and/or assistance. Federal divisions and agencies are also required to comply. The organizations that receive federal funding are diverse. They consist of healthcare organizations, educational programs, housing, et cetera. Healthcare organizations cannot deny services to a disabled individual on the basis of the disability (“Your Rights…

    • 274 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Simuflite

    • 315 Words
    • 2 Pages

    Before any accommodations are set in place John Smith must provide documentation certifying his disability. This certification should come from a health care professional and will also need to include any limitations which John will require accommodations for. Once this documentation has been received it will be imperative for the recommendations as well as John’s current responsibilities to be analyzed. Accommodations will be implemented with the best interest of both John and the organization in mind.…

    • 315 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Adverse impact creates numerous barriers for people with disabilities. While a minorities, women, or elderly persons do not typically have to concern themselves with job requirements necessitating the use of a short flight of stairs, the operation of small keypads, or easy mental arithmetic, these things could all pose special problems for people with various disabilities. If this hampers those individuals from gaining employment, we see a clear example of how adverse impact discrimination creates a special barrier between disabled individuals and gainful…

    • 1180 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Employers are required to make reasonable accommodation for employees with disabilities. Reasonable accommodation may include any changes or adjustments made to improve the job or work environment that would enable an individual with a…

    • 904 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Drug Testing in Mississippi

    • 2754 Words
    • 12 Pages

    The Workers' Compensation Law seems clear in requiring that every employer insured under this Law should have a safety program which "shall" include a written drug and alcohol testing policy which complies with Miss. Code Ann. §71-7-1 et seq. (Rev. 2000), the purpose of which is to "ensure that the workplace is a drug and alcohol free environment and to deter the use of drugs and alcohol at the workplace." Regardless of whether the Commissioner of Insurance has promulgated appropriate regulations, and regardless of whether each insurer is providing the appropriate safety program assistance, in the end, §71-3-121 appears to establish a clear legislative intent that employers covered by the Workers' Compensation Law should have a drug and alcohol testing program which complies with the separate Drug and Alcohol Testing of Employees Law, Miss. Code Ann. §71-7-1 et seq. (Rev. 2000), as amended. 1 There is, however, no sanction or penalty in the Workers' Compensation Law for employers that do not have a suitable drug and alcohol testing policy in place. Consider also, the following:…

    • 2754 Words
    • 12 Pages
    Better Essays
  • Good Essays

    This legislation offers a variety of services for persons with physical and cognitive disabilities. It is the federal law that authorizes the formula grant programs for vocational rehabilitation, supported employment, independent living, and client assistance. Vocational rehabilitation (VR) services of the Rehabilitation Act help eligible persons with a disability pursue post-secondary education, employment, and independent living. Services include medial and psychological services, counseling, job training, and other services based on person’s needs that help them become qualified for employment. State VR programs are funded by the federal Rehabilitation Services Administration. Also, the employment provision for the Rehab Act requires employers to provide reasonable accommodations for qualified individuals with disabilities if it is not an undue hardship for them. If employment accommodations are expensive, state VR program can help reduce the financial hardship for an employer by paying the costs of accommodations that are beyond employer’s own resources. Section 501 of the Rehabilitation Act requires the federal government to practice affirmative action to to hire and promote workers with disabilities, including workers who are deaf. Section 504 of Title V of the Rehabilitation Act is a civil rights law, which provided the foundation…

    • 771 Words
    • 4 Pages
    Good Essays
  • Better Essays

    An executive order by President Obama provides that the recruiting agencies should develop effective hiring plans that account for the disabled people in the society. The regulation has been effective in helping the disabled people to develop strategies that increase employment opportunities (Wolper, 2004). The Elementary and Secondary Education Act (ESEA) has been reviewed to meet the needs of the disabled children in the U.S. The Act seeks to assess and measure the performance of the disabled children in the classes. The enforcement of the regulation has led to the accessibility of the education programs to the disabled children in the U.S. The establishment of the Americans with Disabilities Act (ADA) has also helped in protecting the disabled people against discrimination in various…

    • 977 Words
    • 4 Pages
    Better Essays
  • Good Essays

    Flagrant Violations

    • 230 Words
    • 1 Page

    Stephanie your discussion response outlines the activity that an employer would do treating a protected class in disparate treatment treating them differently. Based on this explanation it is evident that the protected classes of people should be protected when employers follow different practices that violate their rights. In light, of these facts many of these protected classes are overlooked by companies and the intent of these violations are never identified. The only way for these types of violations to be identified is for better education to permeate the national workforce. Once this is accomplished the areas of concern, the protected classes will be able to bring suit for flagrant violations. In the article, “Race, Employment, and Crime:…

    • 230 Words
    • 1 Page
    Good Essays
  • Better Essays

    Ada and Affirmative Action

    • 1075 Words
    • 5 Pages

    An individual may have a visible or invisible disability; either should not reject a person from equal opportunity. Discrimination against, race, gender, age, and disability is illegal whether one recognizes it or not. Truthfully, discrimination still exist in the world but with hope to come and with the help of ADA, this can be something of societies past. Moreover, to protect the disable, the American Disability Act (ADA) of 1990 was passed by Congress to try eliminating discrimination. The ADA’s primary objective is to protect discrimination against a person with mental or physical disabilities in the private sector in areas such as employment, telecommunication, transportation and public services.…

    • 1075 Words
    • 5 Pages
    Better Essays
  • Good Essays

    (a) It shall be an unlawfulemploymentpractice for an employer(1) to fail or refuse to hire or to dischargeany individual,or otherwiseto discriminate against any individual with respect to his compensation,terms, conditions, or…

    • 9192 Words
    • 37 Pages
    Good Essays
  • Better Essays

    Organizations are responsible for a zero-tolerance of discrimination in the workplace. Title VII and many other employment laws enforce this responsibility on organizations and help to make the workplace an equal opportunity for all that is free from hostility or discrimination. This type of environment helps the organization to thrive and become more productive with healthier, happier employees. This paper will review the Preventing Workplace Discrimination simulation (University of Phoenix, 2010)…

    • 1038 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Although there are very good reasons to incorporate drug testing in a drug abuse prevention program, there are also many challenges and decisions that employers must face that may prove difficult to…

    • 643 Words
    • 2 Pages
    Good Essays

Related Topics