Comments on: Are they correct – illegal application? http://www.aubenades.org/law-enforcement-narcotics/are-they-correct-illegal-application/ Wed, 03 Feb 2010 01:18:59 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: California Street Cop http://www.aubenades.org/law-enforcement-narcotics/are-they-correct-illegal-application/#comment-3484 California Street Cop Fri, 18 Sep 2009 05:46:59 +0000 http://www.aubenades.org/law-enforcement-narcotics/are-they-correct-illegal-application#comment-3484 "A chemical addiction is recognized under the ADA as a medical disease and a disability" Thanks to over reaching lobbyists trying to protect every friggin' "make believe" class of people out there, this may be true. I find it ridiculous to lump drug/alcohol addiction in with tendinitis or cancer, but hey, we all gotta blame someone. Next, you'll tell me obesity is a disease...wait, damn, I think they already classified it. BS! As far as answering this question, refer it to your city attorney. You do have a city attorney right?<br><b>References : </b><br>California cop. "A chemical addiction is recognized under the ADA as a medical disease and a disability"

Thanks to over reaching lobbyists trying to protect every friggin’ "make believe" class of people out there, this may be true. I find it ridiculous to lump drug/alcohol addiction in with tendinitis or cancer, but hey, we all gotta blame someone.

Next, you’ll tell me obesity is a disease…wait, damn, I think they already classified it. BS!

As far as answering this question, refer it to your city attorney. You do have a city attorney right?
References :
California cop.

]]> By: Logic316 http://www.aubenades.org/law-enforcement-narcotics/are-they-correct-illegal-application/#comment-3483 Logic316 Fri, 18 Sep 2009 04:59:59 +0000 http://www.aubenades.org/law-enforcement-narcotics/are-they-correct-illegal-application#comment-3483 That lawyer might have a point. A chemical addiction is recognized under the ADA as a medical disease and a disability, and he's saying that you can't legally ask people about any disabilities on the initial job application. This doesn't mean you have to give the guy the job, as he can still be disqualified after submitting the application if he fails the medical examination later on. It's just that any questions related to drug addiction properly belong in the medical examination (which of course, is conducted in private by a properly licensed physician), not the job application (which non-medical staff would end up seeing). Medical problems are considered personal and confidential, if I'm not mistaken, and you're not supposed to ask job applicants to share them with anybody other than a doctor. But it's probably best to just contact a lawyer who specializes in disability and labor law who can accurately interpret all this legalese.<br><b>References : </b><br>My advice is free, and worth every penny. That lawyer might have a point. A chemical addiction is recognized under the ADA as a medical disease and a disability, and he’s saying that you can’t legally ask people about any disabilities on the initial job application. This doesn’t mean you have to give the guy the job, as he can still be disqualified after submitting the application if he fails the medical examination later on. It’s just that any questions related to drug addiction properly belong in the medical examination (which of course, is conducted in private by a properly licensed physician), not the job application (which non-medical staff would end up seeing). Medical problems are considered personal and confidential, if I’m not mistaken, and you’re not supposed to ask job applicants to share them with anybody other than a doctor. But it’s probably best to just contact a lawyer who specializes in disability and labor law who can accurately interpret all this legalese.
References :
My advice is free, and worth every penny.

]]>