Is it against the law to fire a drug addict?

Is it against the law to fire a drug addict?

Human rights laws prohibit discrimination on the grounds of disability. 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.

What do you do if you smell alcohol on an employee?

' and have a genuine concern before taking any action. If it continues, speak to the employee in private. There is usually an underlying reason if they are drinking excessively out of work. Disciplinary action, including dismissal, may be appropriate.

What must an employee do to perform their role in a safe and healthy work environment?

Under the OSH law, employers have a responsibility to provide a safe workplace. … Provide a workplace free from serious recognized hazards and comply with standards, rules and regulations issued under the OSH Act. Examine workplace conditions to make sure they conform to applicable OSHA standards.

Do jobs tell you if they drug test?

Generally, employers can require a drug test as part of a physical exam, but not more than once a year. At most jobs, the employer has to give you 2 weeks written notice that you will be tested. … Drug and alcohol tests can be done without advance warning (randomly) for employees in safety sensitive jobs.

Do you think it is okay to report a concern to a supervisor based on a suspicion?

Should you report your suspicion to your direct supervisor or take it to the chief compliance officer? … “It's always OK to go to the firm's chief compliance officer or a compliance staff member with whom you have a relationship.

How do you talk to an employee about drinking?

Adopt a caring approach to dealing with your employee, express your concern over their behaviour and their potential alcohol problem. Approach your employee with facts and statistics, such as “we smelt alcohol on your breath before this meeting”, or “you have been late to work eight times this month”.

How do you deal with someone who is under the influence of drugs?

Try to remain calm, and speak in a calm, clear, and slow voice to the person. Try to avoid emotional or hostile language, which may make the person more aggressive. Say the person's name, and tell them that you're there to help.

What are the main criteria for a dot reasonable suspicion drug and alcohol test?

The employer's determination that reasonable suspicion exists to require the driver to undergo an alcohol test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver.

In what order should the reasonable suspicion testing steps be performed?

It depends. If an employee is covered and eligible under the FMLA and is needed to care for a spouse, daughter, son, or parent who has a serious health condition, then the employee is entitled to up to 12 weeks of job-protected, unpaid leave during any 12-month period. Some states may have similar family leave laws.

When must the reasonable suspicion alcohol test be completed?

But alcohol metabolizes in the human body very quickly, so reasonable suspicion alcohol tests must be conducted within eight hours of the suspicion.

Can you ask about drug use in an interview?

During the interview, asking candidates whether they are taking prescription drugs or have a history of using unlawful drugs would be prohibited under state and federal disability discrimination statutes. Employers may ask whether the applicant can perform essential functions of the job.

What is the EEOC stand for?

The Equal Employment Opportunity Commission (EEOC) is the agency responsible for enforcing federal laws regarding discrimination or harassment against a job applicant or an employee in the United States.