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ADA Interaction With Addictions and Personal Habits

Learn how to handle the complex issues that can arise when dealing with addictions in the workplace.

The Americans with Disabilities Act is complicated and filled with traps for unwary employers. Employers focused on efficiency or reduction of disruptions may seek to root out someone they think is using drugs. But can you do that? What if you are wrong? You could end up paying a significant legal judgment for disability discrimination. This topic will help avoid that result by examining when the ADA is implicated by individuals presenting addictions or other problematic behaviors as well as what actions you can take - and what actions you must take - when you believe an individual is illegally using drugs or using alcohol improperly to comply with the law and protect your business.

Runtime: 90 minutes
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Why Do Addictions and Personal Habits Implicate the Americans With Disabilities Act?

  • Status as Addict Versus Conduct of Addiction
  • How Do Employers Deal With Illegal Users of Drugs? What About Users of Illegal Drugs?
  • Are Users of Alcohol or Legal Users of Legal Drugs Different?

What Can You Do When You Suspect a Problem?

  • Accommodation of Known Disabilities
  • When Do You Have a Duty to Inquire
  • Disability Versus Conduct

Last Chance Agreements

  • Why to Use Last Chance Agreements
  • How to Draft Effective Last Chance Agreements
  • Enforcement of Last Chance Agreements

Testing Employees With the Status of Addict

  • How Can Employers Be Assured That Employees Are Not Engaging in Illegal Use of Drugs or Alcohol
  • Employers Subject to Department of Transportation Regulations
  • When Can Employers Ban Employees With a History of Illegal Use of Drugs

Habits Not Expressly Covered by the ADA

  • When Can Employers Ban or Punish Smokers?
  • Is Overeating or Excess Weight Relevant to Employment Decisions?
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

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  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • ME CLE 1.5
     
  • NJ CLE 1.8
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on September 29, 2020.

Call 1-866-352-9540 for further credit information.

  • AK CLE 1.5
     
  • Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
     
  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.5
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CT CLE 1.5
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
     
  • HI CLE 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.5
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
     
  • ND CLE 1.5
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit.
     
  • NH MCLE 1.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 89 Minutes.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • VT CLE 1.5
     
  • This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hour(s) of CLE credit. Please note: Attorneys may only claim 6 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     
  • WI CLE 1.5
     
  • This program qualifies for 1.5 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
  • HR Certification Institute 1.5
     
  • This E-Learning program has been approved for 1.5 (General) recertification credit hours toward aPHR(TM), aPHRi(TM), PHR®, PHRca®, SPHR®, GPHR®, PHRi(TM) and SPHRi(TM)recertification through HR Certification Institute® (HRCI®). For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
     
  • SHRM 1.5
     
  • Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.5 PDC(s) for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit www.shrmcertification.org.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

  • Those applying for AIA and HRCI must view 100% of the program and answer the questions following the program.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

D. Wes Sullenger

D. Wes Sullenger

Sullenger Law Office, PLLC

  • Managing member of Sullenger Law Office, PLLC
  • Represents both employers and employees in all manner of employment disputes involving illegal discrimination, harassment, wage and hour violations, non-competition agreements, wrongful termination, retaliation, workplace policies and handbooks, contract matters, and civil rights violations throughout Kentucky, Tennessee, and Illinois, where he is licensed
  • He began his career in Nashville, Tennessee where he represented employers of all sizes in employment and commercial litigation
  • In 2005, he left private practice to spend some time in academia, publishing several articles in the area of First Amendment law and employment law but, ultimately, in 2007, he opened the Sullenger Law Office, PLLC in his hometown of Paducah, Kentucky
  • Regularly presents seminars relating to the Americans with Disabilities Act, illegal discrimination, and valuation and mediation of employment matters
  • Has published several articles relating to his practice including "Silencing the Blogosphere: A First Amendment Caution to Legislators Considering Using Internet Blogs to Communicate Directly With Constituents," 14 Professional Journal 20 (Fall 2007) (American Society of Legislative Clerks & Secretaries – National Conference of State Legislatures); "The Pitfalls of Prescription Drugs: What To Do When You Think An Employee Is Addicted," An Address to the Four Rivers Society for Human Resource Management (Paducah, KY Sept. 25, 2007), http://www.sullengerfirm.com/articles/PrescriptionDrugs.pdf; "Silencing the Blogosphere: A First Amendment Caution to Legislators Considering Using Internet Blogs to Communicate Directly With Constituents," Richmond Journal of Law and Technology, 13 Rich. J.L. & Tech. 15 (2007) http://law.richmond.edu/jolt/v13i4/article15.pdf; "Burning the Flag: A Conservative Defense of Radical Speech and Why It Matters Now," University of Louisville Brandeis Law Journal, 43 Brandeis L.J. 597 (Summer 2005); "Only We Can Save You: Why and When Non-Consumer Businesses Have Standing to Sue Business Competitors Under The Tennessee Consumer Protection Act," University of Memphis Law Review, 35 U. Mem. L. Rev. 485 (Spring 2005) and "Unbiased Investigations Essential to Alleged Employee Wrongdoing," Business Insider (Tennessee Chamber of Commerce and Industry) (November 2004) Co-author with R. Eddie Wayland, Esq.
  • J.D. degree, with high honors, Chicago-Kent College of Law; B.A. degree in history, summa cum laude, University of Louisville
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 407798
Published 2020
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