[onlineslotetes]

http://www.foxnews.com/politics/2011...river/#content

Citing a violation of the Americans with Disabilities Act, the Obama administration is suing a trucking company for taking the keys away from an Arkansas driver and eventually firing him after he admitted he was battling alcohol abuse.

The U.S. Equal Employment Opportunity Commission filed a lawsuit this week arguing that Old Dominion Freight Line discriminated against Charles Grams by stripping him of his position and offering him a demotion even if he completed a substance abuse counseling program

Alcoholism is a disability? When did that happen? So should the truck company just wait until the guy got into an accident while he was drunk and driving a semi before they fired him? Yes he had no incidents so far but what's to say he couldn't. I don't know I'm just blown away that alcoholism is a disability.

[weightpillsnow]

Ok, how many people working for the company DO have DUIs and didn't get the same treatment? I'm very adamant about stiff penalties against drunk drivers, but most usually walk away with a slap on the wrist. This guy got treated worse than a drunk driver and he has no convictions? Will they do the same to a worker who has a lot of speeding tickets while off-duty? I mean, they are concerned about safety. Actually, I'm betting they are more concerned with paying the guys treatment. After all, they wanted him to move to a non-benefit job after HE told him about his problems.

[tadacia]

Ok, how many people working for the company DO have DUIs and didn't get the same treatment? I'm very adamant about stiff penalties against drunk drivers, but most usually walk away with a slap on the wrist. This guy got treated worse than a drunk driver and he has no convictions? Will they do the same to a worker who has a lot of speeding tickets while off-duty? I mean, they are concerned about safety. Actually, I'm betting they are more concerned with paying the guys treatment. After all, they wanted him to move to a non-benefit job after HE told him about his problems.

I don't know about all that but what surprised me is alcoholism is a disability...what's next to get added to the list of disabilities?

They probably didn't want to pay for his treatment but who knows all sides of the situation?

[Immampdah]

More people are killed by people driving while texting than driving drunk. http://www.ksl.com/?nid=148&sid=9102931

[thakitt]

This opens the flood gates for anyone that has been chaptered out for DUI or failing rehab.

[prowsnobswend]

This opens the flood gates for anyone that has been chaptered out for DUI or failing rehab.

How do you figure? Plus people don't get chaptered out for just one DUI - if a person got chaptered out of the military for drinking and DUIs that means they had a very insane problem with it and didn't make it through ASAP either.

The American Disability Act doesn't apply to the military. However, when people who were injured while on active duty leave the service and try to get civilian employment, that is when it applies to them.

http://www.eeoc.gov/facts/veterans-d...employers.html

Introduction
Each year, thousands of military personnel stationed around the world leave active duty and seek to return to jobs they held before entering the service or look to find their first, or new, civilian jobs. According to government statistics, between October 2001 and February, 2008, more than 30,000(1) veterans returned home with service-connected disabilities (e.g., amputations, burns, post traumatic stress disorder (PTSD), and traumatic brain injuries).(2)

At least two federal laws provide important protections for veterans with disabilities. The Uniformed Services Employment and Reemployment Rights Act (USERRA), which is enforced by the U.S. Department of Labor (DOL), sets forth the requirements for reemploying veterans with and without service-connected disabilities. Title I of the Americans with Disabilities Act (ADA), which the U.S. Equal Employment Opportunity Commission (EEOC) enforces, prohibits private and state and local government employers with 15 or more employees from discriminating against individuals on the basis of disability. Title I of the ADA also generally requires covered employers to make reasonable accommodations – changes in the workplace or in the way things are usually done that provide individuals with disabilities equal employment opportunities. Section 501 of the Rehabilitation Act applies the same standards of non-discrimination and reasonable accommodation as the ADA to Federal Executive Branch agencies and the United States Postal Service.

This guide briefly explains how protections for veterans with service-connected disabilities differ under USERRA and the ADA, and then describes how the ADA in particular applies to recruiting, hiring, and accommodating veterans with service-connected disabilities.(3)

How does USERRA differ from the ADA?
USERRA prohibits employers from discriminating against employees or applicants for employment on the basis of their military status or military obligations. It also protects the reemployment rights of those who leave their civilian jobs (whether voluntarily or involuntarily) to serve in the uniformed services, including the U.S. Reserve forces and state, District of Columbia, and territory (e.g., Guam) National Guards.

Both USERRA and the ADA include reasonable accommodation obligations; however, USERRA requires employers to go further than the ADA by making reasonable efforts to assist a veteran who is returning to employment in becoming qualified for a job. The employer must help the veteran become qualified to perform the duties of the position whether or not the veteran has a service-connected disability requiring reasonable accommodation. This could include providing training or retraining for the position. See 38 U.S. Code § 4313; 20 C.F.R. §§ 1002.198, 1002.225 -.226. Additionally, reasonable accommodations may be available under USERRA for individuals whose service-connected disabilities may not necessarily meet the ADA’s definition of “disability.” USERRA also applies to all employers, regardless of size. Information on the reemployment rights of uniformed service personnel can be found on DOL’s website at www.dol.gov/vets.

But still that applies to civilian jobs - whether guaranteeing National Guard and Reservists their job after they get off active duty or when people leave active duty looking for a job. If the military had to comply with the ADA, then we would have all sorts of people trying to get in. Right now, the military can deny someone for being blind, deaf, mentally challenged (although sometimes I wonder) etc. The only people with what someone might consider disabilities who are serving are those who got that way from their service (i.e. missing limbs, blind, partially or fully deaf) but they aren't letting people in who are already like that (such as the blind guy who went through ROTC but can't get in). But the regulations on ASAP are very specific and we kick out drug users and people with severe alcohol issues all the time. I'm sorry but I don't want someone hopped up on drugs firing a weapon next to me somewhere or operating heavy machinery and putting soldiers lives at risk.

[vvxtiopmx]

How do you figure? Plus people don't get chaptered out for just one DUI - if a person got chaptered out of the military for drinking and DUIs that means they had a very insane problem with it and didn't make it through ASAP either.

The American Disability Act doesn't apply to the military. However, when people who were injured while on active duty leave the service and try to get civilian employment, that is when it applies to them.

http://www.eeoc.gov/facts/veterans-d...employers.html

Introduction
Each year, thousands of military personnel stationed around the world leave active duty and seek to return to jobs they held before entering the service or look to find their first, or new, civilian jobs. According to government statistics, between October 2001 and February, 2008, more than 30,000(1) veterans returned home with service-connected disabilities (e.g., amputations, burns, post traumatic stress disorder (PTSD), and traumatic brain injuries).(2)

At least two federal laws provide important protections for veterans with disabilities. The Uniformed Services Employment and Reemployment Rights Act (USERRA), which is enforced by the U.S. Department of Labor (DOL), sets forth the requirements for reemploying veterans with and without service-connected disabilities. Title I of the Americans with Disabilities Act (ADA), which the U.S. Equal Employment Opportunity Commission (EEOC) enforces, prohibits private and state and local government employers with 15 or more employees from discriminating against individuals on the basis of disability. Title I of the ADA also generally requires covered employers to make reasonable accommodations – changes in the workplace or in the way things are usually done that provide individuals with disabilities equal employment opportunities. Section 501 of the Rehabilitation Act applies the same standards of non-discrimination and reasonable accommodation as the ADA to Federal Executive Branch agencies and the United States Postal Service.

This guide briefly explains how protections for veterans with service-connected disabilities differ under USERRA and the ADA, and then describes how the ADA in particular applies to recruiting, hiring, and accommodating veterans with service-connected disabilities.(3)

How does USERRA differ from the ADA?
USERRA prohibits employers from discriminating against employees or applicants for employment on the basis of their military status or military obligations. It also protects the reemployment rights of those who leave their civilian jobs (whether voluntarily or involuntarily) to serve in the uniformed services, including the U.S. Reserve forces and state, District of Columbia, and territory (e.g., Guam) National Guards.

Both USERRA and the ADA include reasonable accommodation obligations; however, USERRA requires employers to go further than the ADA by making reasonable efforts to assist a veteran who is returning to employment in becoming qualified for a job. The employer must help the veteran become qualified to perform the duties of the position whether or not the veteran has a service-connected disability requiring reasonable accommodation. This could include providing training or retraining for the position. See 38 U.S. Code § 4313; 20 C.F.R. §§ 1002.198, 1002.225 -.226. Additionally, reasonable accommodations may be available under USERRA for individuals whose service-connected disabilities may not necessarily meet the ADA’s definition of “disability.” USERRA also applies to all employers, regardless of size. Information on the reemployment rights of uniformed service personnel can be found on DOL’s website at www.dol.gov/vets.

But still that applies to civilian jobs - whether guaranteeing National Guard and Reservists their job after they get off active duty or when people leave active duty looking for a job. If the military had to comply with the ADA, then we would have all sorts of people trying to get in. Right now, the military can deny someone for being blind, deaf, mentally challenged (although sometimes I wonder) etc. The only people with what someone might consider disabilities who are serving are those who got that way from their service (i.e. missing limbs, blind, partially or fully deaf) but they aren't letting people in who are already like that (such as the blind guy who went through ROTC but can't get in). But the regulations on ASAP are very specific and we kick out drug users and people with severe alcohol issues all the time. I'm sorry but I don't want someone hopped up on drugs firing a weapon next to me somewhere or operating heavy machinery and putting soldiers lives at risk.

Why would you assume that someone who uses drugs would do so while on duty?

[maonnjtip]

I drive past an Old Dominion terminal going to work. They pull doubles and they have about 200 yards to get in the correct east or west lane. I really want these guys sober. Were the requirements under the federally mandated Commercial Drivers License (CDL) program not reviewed before filing suit? That would require DOJ to read DOT guidance.

[HoniSoniproca]

Why would you assume that someone who uses drugs would do so while on duty?

The person I replied to said that could "open the door" for people who were chaptered for a DUI to come back in and therefore explained that ADA doesn't apply to the military. It applies to the civilian world.

Now do you know how drug use works? I dated someone who at one time got into meth and other ridiculous drugs like that. You don't have to be using it at that moment to be high. If someone is on drugs, whether it be marijuana, meth, coke, etc, if they use it a lot, that stuff stays in the body's system for a long time. So let's say they go on a meth bend over the weekend, or they drink every night, you think that won't affect their body? And are you serious to suggest that people on duty AREN'T doing drugs or drinking? HA! I know plenty of soldiers who would get drunk during the week and show up to formation smelling like alcohol. I had a soldier who decided to take our other spc at the time to get drunk for his birthday on a Tuesday night and I got a 2 am wake up call. So yeah, people get drunk and do drugs while on duty I fully believe that and know it.

[mobbemeatiedy]

The person I replied to said that could "open the door" for people who were chaptered for a DUI to come back in and therefore explained that ADA doesn't apply to the military. It applies to the civilian world.

Now do you know how drug use works? I dated someone who at one time got into meth and other ridiculous drugs like that. You don't have to be using it at that moment to be high. If someone is on drugs, whether it be marijuana, meth, coke, etc, if they use it a lot, that stuff stays in the body's system for a long time. So let's say they go on a meth bend over the weekend, or they drink every night, you think that won't affect their body? And are you serious to suggest that people on duty AREN'T doing drugs or drinking? HA! I know plenty of soldiers who would get drunk during the week and show up to formation smelling like alcohol. I had a soldier who decided to take our other spc at the time to get drunk for his birthday on a Tuesday night and I got a 2 am wake up call. So yeah, people get drunk and do drugs while on duty I fully believe that and know it.

Laughing at the condescension. Not going to bother responding...

[P9CCd35R]

Laughing at the condescension. Not going to bother responding...

Wasn't being condescending or not trying to be and technically - you did respond.

[scemHeish]

The ADA may not apply to the military "yet" but give the liberals a little time now that they don't have to focus their efforts on the DADT thing and they'll get this thing hooked up too.

btw, if it applies to State employers (as stated in your post) would it apply to National Guard troops? If not, why not?

[Indessasp]

The ADA may not apply to the military "yet" but give the liberals a little time now that they don't have to focus their efforts on the DADT thing and they'll get this thing hooked up too.

btw, if it applies to State employers (as stated in your post) would it apply to National Guard troops? If not, why not?

From what I understand it applies to them in their civilian job - not while they're active duty. So while they are active duty, it seems they don't fall under ADA but their civilian jobs are protected under that addition to the ADA as they are supposed to get their job back when they return from active duty.

Highly unlikely that ADA will apply to the military and I don't know what DADT has to do with ADA. Homosexuality is not a disability.

[eliniaguilefp7m]

Hey I take offence Candy, I saved a guy's life while completely shit faced.... at lest that's what they told me the next day.

Everyone is "hopped up" on drugs in the military, what do you think Caffeine is? The Pilots that provide your airsupport are practically geeked out on uppers and speed, it was just given to them by the Government insted of some street side pharmicist.

[meridiasas]

Hey I take offence Candy, I saved a guy's life while completely shit faced.... at lest that's what they told me the next day.

Everyone is "hopped up" on drugs in the military, what do you think Caffeine is? The Pilots that provide your airsupport are practically geeked out on uppers and speed, it was just given to them by the Government insted of some street side pharmicist.

You can take offense all you want not much I can do about that - but not everyone is hopped up on drugs. I don't drink any caffeine so I must be the odd exception.

All I know is that I've seen people on meth, etc, and I honestly don't want them operating equipment near me or shooting a weapon while they're on it honestly.

I'm pretty sure this thread was about a truck driver though...

[freeringsf]

You can take offense all you want not much I can do about that - but not everyone is hopped up on drugs. I don't drink any caffeine so I must be the odd exception.

All I know is that I've seen people on meth, etc, and I honestly don't want them operating equipment near me or shooting a weapon while they're on it honestly.

I'm pretty sure this thread was about a truck driver though...

I wasn't serious about being offended, I'm just pointing out that more often than not, the people you work with are on some kind of drug, that they are perscribed or not doesn't change the fact that their minds are in an altered state one way or another.

The truck driver and his story is being used as a metaphor for the military, there is a little truck driver in all of us :P

[ArraryTauTDew]

I wasn't serious about being offended, I'm just pointing out that more often than not, the people you work with are on some kind of drug, that they are perscribed or not doesn't change the fact that their minds are in an altered state one way or another.

The truck driver and his story is being used as a metaphor for the military, there is a little truck driver in all of us :P

*** Looks around suspiciously annoyed *** Just anyone try touching my quart-sized mug of coffee!

[Diortarkivoff]

Alcoholism is considered a disability and in order to alleviate the burden placed by the ADA, the employer must do three things.
inform the person that they can get help and give them an ultimatum about getting help-get it or get out
allow them to enroll and complete outpatient tx
allow them to enroll and complete inpatient tx
They are not in trouble for taking the keys from him because they are allowed to do that. They are however required to reasonably accomodate those with diasabilities which means if they have other jobs this alckie is qualified for, they were required to let him do that job...

[WhonyGataxott]

I'm convinced that the European truckers are always drunk when they drive....I've had plenty of near-hits where they just arbitrarily change lanes with little to no reason, and little to no warning!

[enurneAcourdy]

*** Looks around suspiciously annoyed *** Just anyone try touching my quart-sized mug of coffee!

Do not eye-ball HM2's Coffee, HM2 has toenail removal kits and he knows how to use them.

I speak in the 3rd person in matters pertaining to my caffeine.