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ADA Interaction With Addictions and Personal Habits Live Webinar Training

On Demand Webinar Credits HR Certification Institute, SHRM, CLE ( In Partnership With Lorman Business Center, LLC) Payroll Training

September 29 at 1:00 - 2:30 pm EST

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.

Learning Objectives

  • You will be able to recognize the rights and obligations employers have in dealing with employee whose addictions or personal habits impact the workplace.
  • You will be able to review the behavior of your employees in a legal, defensible manner.
  • You will be able to identify problematic workplace behaviors and determine the best method for protecting your business.
  • You will be able to explain how a last chance agreement can protect your business.
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?
Who should attend?

This live webinar is designed for human resource managers, benefit and payroll professionals, business owners and managers, personnel managers, CFOs, and attorneys.


Your Instructor


D. Wes Sullenger
D. Wes Sullenger
  • 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

Credits

  • 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 State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. 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.
  • NH MCLE 1.5
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 90 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.
  • NV CLE 1.5
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
  • 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 program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of CLE credit.
  • WA CLE 1.5
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of Law & Legal Procedure credit.
  • WI CLE 1.5
  • This program has been approved by the Board of Bar Examiners for 1.5 hours for use toward the Wisconsin Mandatory CLE requirement.
  • 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 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-CP/SHRM-SCP Preferred ProviderSHRM 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.

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

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Frequently Asked Questions


When does the course start and finish?
The course starts now and never ends! It is a completely self-paced online course - you decide when you start and when you finish.
How long do I have access to the course?
How does lifetime access sound? After enrolling, you have unlimited access to this course for as long as you like - across any and all devices you own.
What if I am unhappy with the course?
We would never want you to be unhappy! If you are unsatisfied with your purchase, contact us in the first 30 days and we will give you a full refund.