Proposed Anti-Discrimination Rules by EEOC Draws Field Concerns

The Alcoholism Report, May 1991 | Go to article overview

Proposed Anti-Discrimination Rules by EEOC Draws Field Concerns


The proposed definition by the Equal Employment Opportunity Commission (EEOC) of "current" illegal use of drugs could deny anti-discrimination protection to many who are no longer engaged in such use, field groups complained in comments on rulemaking to implement the landmark Americans with Disabilities Act (ADA). The ADA, passed last July, extends protection against discrimination in employment and other activities to the disabled in the private sector, including recovered alcoholics and drug addicts, but excluding current users of illegal drugs (AR, July '90). Rulemaking was simultaneously launched by EEOC and the Justice Department, the latter dealing with the ADA as it relates to state and local governments.

The Legal Action Center, joined by some 30 other field organizations, criticized the EEOC's language on current use, which states, in part, that "currently engaging is not intended to be limited to the use of drugs on the day of, or within a matter of weeks before, the employment action in question."

"This statement establishes no time limits and, thus, would permit inquiries about drug use occurring many weeks or months before the employment decision," the Center said in a letter to EEOC. As a result, many individuals who are no longer using drugs illegally would be denied protection."

The Center urged EEOC to adopt the Justice Department's definition - illegal use of drugs that occurred recently enough to justify a reasonable belief that a person's drug use is current or that continuing use is a real and ongoing problem."

Also drawing concern was EEOC's statement that employers, such as law enforcement agencies, may be able to exclude individuals with a history of illegal use of drugs if they can show that such a standard is "job related and consistent with business necessity." The Legal Action Center recalled that during consideration of the ADA bill in Congress, numerous efforts were made to restrict protection for individuals with a history of alcohol or drug problems, and aU were rejected. …

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Proposed Anti-Discrimination Rules by EEOC Draws Field Concerns
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.