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Can employers ask about past drug use?

Can employers ask about past drug use?

According to LawInfo.com, “if you are interviewing for a job, your prospective employer cannot even ask you about any substance abuse treatment that you might have undergone in the past.

Should you tell your boss you are in recovery?

Why Should You Tell Your Employer You’re in Recovery? It’s not always important to disclose your history of addiction to an employer. If you’re strong in recovery and your job doesn’t interfere with your success in any way, you probably don’t need to mention it.

What happens if I tell my employer I have a drug problem?

In the US, your employer can discipline or fire you if your alcohol or drug use impairs your ability to do your job. However, employers cannot discipline or fire you simply because you tell them you have a substance problem.

What to do if an employee admits to drug use?

If an employee admits substance abuse, you may request:

  1. A substance abuse assessment (SAP) of the employee.
  2. Compliance with SAP recommendations relating to abstinence, education, counseling, rehabilitation, treatment or aftercare.
  3. If legally permitted, you can require return-to-duty or follow-up testing.

Can you be fired for being a recovering addict?

The Americans with Disabilities Act (ADA) protects individuals in addiction recovery from being discriminated against in the workplace. This means that your employer can’t fire you based on your decision to attend rehab.

Does the ADA protect drug addicts?

Current illegal drug use is not protected, but recovering addicts are protected under the ADA.

Can an employer force you to go to rehab?

No employer can force you to go to rehab but an employer can require rehab as a condition of employment.

How do you talk to your employer?

Tips for talking to your boss about your future

  1. Decide what your goals are.
  2. Research opportunities for career growth at your job.
  3. Be confident in your value as an employee.
  4. Ask for advice and opinions.
  5. Schedule a meeting.
  6. Rehearse the conversation.
  7. Keep notes.
  8. Be direct about the problem.

How do you deal with an employee under the influence?

  1. Contact Security and Document Facts. Call emergency services if the employee is unconscious or medically ill from the drugs or alcohol.
  2. Speak to the Employee. Ask the human resources representative to meet with the employee and you.
  3. Follow Accommodation Steps and Company Policy.
  4. Decide Course of Action.

What is a last chance agreement?

Last Chance Agreements (LCA) are agree- ments between an employer and an employee and/or a union that gives the employee who has committed serious mis- conduct one last chance to keep the employee’s job.

Can you fire someone for doing drugs?

Addiction is considered to be a disability and, as such, an employee cannot be fired for being addicted to substances such as drugs or alcohol. In fact, employers are required to accommodate employees who suffer from addiction to the point of undue hardship.