Marijuana.com

Mamabudz

BY THE WAY...this just in from our Legal Research Department:

If you are suffering from depression AND inform your employer that you are a sufferer and they subsequently (later) discover that you are a "substance abuser" -- meaning that you have been discovered to smoke pot and that it interferes with your employment ... you are protected under the ADA.

If you smoke pot and are found to be a substance abuser as described above and THEN tell your employer that you suffer from depression, you will not fall under the protection of the ADA


__________________
Mama Budz
* I Toke & I Vote *

 

copesettic

interesting...
so if you tell them you're depressed first, you're protected, but if you tell them after they find out you're a pot smoker, you're screwed. Why are you protected in the first case?

Mamabudz

In the first instance it is seen as a symptom of your depression, a protected illness under the ADA.

In the second scenario it is viewed as substance abuse.

It has to do with the current case law and the defining precedents set by the cases being brought before the courts at this point. Since the ADA is a relatively new law and the efinition of depression as a disability is also new, the law is constantly eveolving. This is the situation as it stands now.

There fore it benefots someoen who has been diagnoised and is being treated for depression ...who also smokes pot...to let their employer know they are suffering from depression even if it has not effected their work. In fact it is better if things are going well! Then if in the future there is an increase of symtoms that effect work performance, reasonable accomodations can be requested under the ADA (Americans with Disabilities Act) and if it is discovered thru drug testing that there is thC in the system ...treatment rather than immediate termination would be an option. In this recession, it just might save you from unemployment.

It is a call you have to make for yourself and each situation is different, but at least we have some recent information on the issue.

Feorge Gorman

It might come in handy for me, as our company was bought and is being taken over by another.

We're gonna try to get our Oregon MJ card soon, and that should help even more!

pOOn

__________________
feorge

New to Marijuana Dot Com? Be sure to read our POSTING GUIDELINES.

freemonky

hey mama!
This is pretty interesting... Where'd you find this info?

 

Stephanie S.

Thus, the source of this information would be greatly appreciated.
I spoke with a friend of mine who is the Mental Health Director of a Major county jail and who did his Masters thesis on mental disability in relation the the ADA and he was unaware of this..(he's smokes as wel..for mostly the same reasons I do.)

This would be excellent if true, though important to be able to cite the source. Thanks!

peace

__________________
"See, in my line of work you got to keep repeating things over and over and over again for the truth to sink in, to kind of catapult the propaganda." —George W. Bush, Greece, N.Y., May 24, 2005 (Listen to audio)

Mamabudz

Found on the very vanilla site "about.com"

The Link

with further links provided in the article

The substantive parts are as follows:

Persons covered by this act include anyone who:

has a physical or mental impairment that substantially limits one or more major life activities;
has a record of such an impairment; or
is regarded as having such an impairment.
Although clinical depression is a mental impairment under the ADA, not everyone with clinical depression will qualify for coverage. In 1999, the Supreme Court ruled (Sutton v. United Airlines, Inc., Murphy v. United Parcel Service, Inc. and Albertson's Inc. v. Kirkinburg) that the determination of whether a person has an ADA "disability" must take into consideration whether the person is substantially limited in performing a major life activity when using a "mitigating measure". This means that even though clinical depression is a permanent condition, if you are able through medications and therapy to perform major life activities without difficulty you will not meet the ADA's definition of "disability


...

Drug and Alcohol Abuse

Because self-medication with drugs and alcohol are so common among those with depression, it is important to note that the ADA does not cover those with a substance abuse problem. Any employee with a substance abuse problem can be held to the same standards as other employees. If your employer does not know about your depression and then later discovers a substance abuse problem, you will not be protected.



Hope that is helpful

...cookies for all

Hugz,

Mama Budz

Verbal Assult

what if u don't tell them and then u get caught. And before you were caught u have been seeing a psychiatrist and are on zoloft? Are u still protected??

Mamabudz

Any employee with a substance abuse problem can be held to the same standards as other employees. If your employer does not know about your depression and then later discovers a substance abuse problem, you will not be protected.

(I)t is important to note that the ADA does not cover those with a substance abuse problem.

Quote:

And before you were caught u have been seeing a psychiatrist and are on zoloft? Are u still protected??

Although clinical depression is a mental impairment under the ADA, not everyone with clinical depression will qualify for coverage.

In 1999, the Supreme Court ruled (Sutton v. United Airlines, Inc., Murphy v. United Parcel Service, Inc. and Albertson's Inc. v. Kirkinburg) that the determination of whether a person has an ADA "disability" must take into consideration whether the person is substantially limited in performing a major life activity when using a "mitigating measure".

This means that even though clinical depression is a permanent condition, if you are able through medications and therapy to perform major life activities without difficulty you will not meet the ADA's definition of "disability