Course Hero Logo

164 intelligence sustainability and strategic issues

Course Hero uses AI to attempt to automatically extract content from documents to surface to you and others so you can study better, e.g., in search results, to enrich docs, and more. This preview shows page 12 - 13 out of 31 pages.

164Intelligence, Sustainability, and Strategic Issues in Managementcould be used against a candidate. Innocuous posts, such as, “I just attendedmy 25th (or 40th) high school reunion and had a great time” has the potentialof giving rise to a lawsuit under the ADEA. It should be noted that the ADEAallows for jury trials and “double-damages” awards for willful discrimination,where an employer has shown blatant disregard of the ADEA.The Americans with Disabilities Act (ADA) of 1990, as Amended by theADA Amendments Act of 2008This legislation has some nuances that may pose problems for employers.As defined by the ADA, an individual with a disability is a person who hasa physical or mental impairment that substantially limits one or more majorlife activities; has a record of such impairment; or is regarded as having suchimpairment. Clearly, one can learn about another person’s disability from asocial media site through pictures, posts, likes, and other information. Whilethe physical or mental disability may be fairly easy to discern, the less obviousissue is that Title I of the Americans with Disabilities Act specifically permitsemployers to ensure that the workplace is free from the illegal use of drugs andalcohol and to comply with other US federal laws and regulations regardingdrug and alcohol use.Therefore, employees and applicants who are currently engaging in the illegaluse of drugs are not protected by the ADA when an employer acts on the basisof such use. According to the US Department of Justice, Civil Rights Division,any employee or job applicant who is “currently engaging” in the illegal useof drugs is not a “qualified individual with a disability.” However, the ADAdoes provide limited protection from discrimination for recovering drug abus-ers and alcoholics. An employer may not discriminate against a person whohas a history of drug addiction, but who is not currently using drugs, and who hasbeen rehabilitated. “Qualified individuals” under the ADA includes individualswho have been successfully rehabilitated and who are no longer engaged in theillegal use of drugs or those who are currently participating in a rehabilitationprogram and are no longer engaging in the illegal use of drugs. Also, a formerdrug addict may be protected under the ADA because the addiction may beconsidered a substantially limiting impairment. However, according to theEEOC Technical Assistance Manual on the ADA, a formercasualdrug user isnot protected under the ADA (United States Commission on Civil Rights 2000).The problem with information on an SNW that has pictures and commentsabout drug and alcohol use is that the employer doesn’t know whether the ap-plicant is (1) a current user who is not protected; (2) a former casual user whois not protected; or (3) a former user who was addicted, has been rehabilitated,is no longer using drugs/alcohol, and is protected. If rejected, the last type ofcandidate could have a claim that he/she was discriminated against. It is difficultto know whether a person is covered by the ADA from just viewing statements

Upload your study docs or become a

Course Hero member to access this document

Upload your study docs or become a

Course Hero member to access this document

End of preview. Want to read all 31 pages?

Upload your study docs or become a

Course Hero member to access this document

Term
Spring
Professor
NoProfessor
Tags
Discrimination, The Land, Equal Employment Opportunity Commission

Newly uploaded documents

Show More

Newly uploaded documents

Show More

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture