Lightbulb!!!

Discussion in 'General' started by weedzilla420, Jun 18, 2006.

  1. just had a thought...

    is drug addiction considered to be a disability?

    if so, ponder this...

    if your employer fired you because you failed a drug test, you could claim the reason why you tested postive is because you are addicted to the drugs. an employer legally cannot fire an employee because of a disability (whether it be mental, medical, physical, etc). thus you could sue your employer under the ADA (Americans with Disabilities Act) in civil court for a lot of money.

    edit:
    after doing some research, i don't think it would work:
    http://www.jan.wvu.edu/media/drugadd.html

    Drug Addiction and the Americans with Disabilities Act

    Is drug addiction a disability under the ADA?

    Current illegal users of drugs are not "individuals with disabilities" under the ADA. However, persons addicted to drugs, but who are no longer using drugs illegally and are receiving treatment for drug addiction or who have been rehabilitated successfully, are protected by the ADA from discrimination on the basis of past drug addiction (EEOC, 1992).

    A person who casually used illegal drugs in the past, but did not become addicted is not an individual with a disability based on the past drug use. For a person to be "substantially limited" because of drug use, s/he must be addicted to the drug (EEOC, 1992).

    Individuals who are not illegally using drugs, but who are erroneously perceived as being addicts and as currently using drugs illegally, are protected by the ADA (EEOC, 1992).
     
  2. hmm i have no idea, but if they say you have to take a drug test and banned substinces are not allowed than id assume they're also fully within their rights to fire you.
     
  3. oh i wish lol.

    i'm addicted to marihuana! you can't fire me!
     
  4. hahaha there was an episode of king of the hill like that. he accidently hired a coke head, and the coke head went into rehab 1 hour before he fired him so he wasnt legally allowed to fire him.
     

  5. oh yeah, i remember that. the most stressful situations always happen to hank. yup. he's gotta narrow uretha (penis hole) and this one episode he was diagnosed with having too little butt so he had to wear this thing around his waste that strapped pads over his butt cheeks.
     

  6. Just so he could race his lawnmower
     
  7. It's a mental illness if the addiction is severe enough that you can't function and do the basic things you need to do for health, surival, family etc.

    I did a project on it.
     
  8. i think this would actually work...

    if you were applying for a job and they made you take a dt, and you know you failed it, you could just take the test and then right after that before they get the results back just enter a rehab clinic or something. then when they say you didnt get the job because you failed the drug test you could say, i have a marijuana addiction and i'm seeking help, you legally cant refuse to hire me because of this.
     

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