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Here goes another unintended consequence for those trying to make laws. Most of you are somewhat familiar with Americans With Disabilities Act. Some may not be aware that having an alcohol or drug addiction is considered a disability. Now, take the insanity one step forward.

I can't give any details, but yesterday, I found out a physician who is a multiple relapsed alcoholic, can not be fired from their group. Because they have a protected disability. This group essentially has to wait for an error (possibly fatal error) to occur. So now to catch this error, someone has to go around and double check everything this person does. So you have two people doing the work of one.

JLC
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That's scary JLC.

We have a similiar situation at work. Not life threatening though. He's a 66 yo software developer that is having major medical problems that is effecting his mind. Screws up all the time, has turned belligerant and is no longer a team player. The IT manager probably wants to fire him but he's been here for 14 years and used to do good work. Or perhaps he is afraid of a discrimination lawsuit.

So instead, the other 3 developers have to take turns double checking his work. When we find problems, which happen every time because each week he fraks up more and more, we have to confront him and suggest changes. It's humiliating to him for people 20 years his junior that have to do this. It creates a very uncomfortable environment. It's like babysitting. Fortunately for us, he is out 25% of the time at the doctor's or sick, so we rejoice on those days.

He also has this anoying habit of talking to himself constantly. We all put on headphones to buffer him out.

I feel bad for him, but when it's time to retire, it's time to retire. But he can't because of the EOC he gave to his 3 adult kids so many years.

decath
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What's wrong with having a doctor who is drunk or a drug addict? With ObamaCare, it just won't matter anymore.
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As someone in recovery, I think this is messed up.

Although I didn't have to lose a job to stop drinking and using drugs, many an alkie and drug addict had to hit rock bottom to see the light. This dr. should be given an ultimatum to clean up or be let go, he and the group puts patients at risk.

The insane are running the asylum now.

LD
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How long can it be before the ADA requires airlines to hire blind pilots and surgical residencies to accept trainees with tremors?

--fleg
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I can't give any details, but yesterday, I found out a physician who is a multiple relapsed alcoholic, can not be fired from their group. Because they have a protected disability. This group essentially has to wait for an error (possibly fatal error) to occur. So now to catch this error, someone has to go around and double check everything this person does. So you have two people doing the work of one.

The ADA specifically says that an employer is not required to keep an employee who present a risk, and that employees with alcohol-related disorders can be held to the same standards of performance and on-the-job behavior as anyone else. So it is not true that the ADA prevents them from being fired. It just prevents them from being fired for past treatments for alcoholism. If he has EVER shown up to the office with booze on his breath, or given any indication whatsoever that he has come to work under the influence or hung over, he can legally be fired.
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ZiegSocialist wrote: The ADA specifically says....

The ADA has proven to be a bonanza for lawyers who prowl around looking for employers that are violating the law. Then they sue for monetary damages. Trouble is, fraud is also rife under ADA.

http://www.adaabuse.com

More than 14,000 ADA/accessibility lawsuits have been filed in California in just the past few years by a small number of lawyers. Many firms have closed, dismissed employees or sought bankruptcy protection as a result. [...]

After filing well over 2,000 ADA/accessibility lawsuits and hundreds of allegations of false claims, the State Bar's website reports that Attorney Theodore A. Pinnock tendered his resignation with disciplinary charges pending. Shortly before that, Attorney Pinnock consented to a suspension of his right to practice law after San Diego Superior Court Judge Julia C. Kelety concluded after trial that he "stole" from a disabled minor in another case.

Because the majority of the lawsuits with the troubling cliams were filed by Pinnock & Wakefield, APC, many are asking what will happen to the Wakefields, as it is widely thought that Mr. Pinnock could not have done what he did without their active and knowing assistance. Also, because Mr. Pinnock was able to file lawsuits against hundreds of defenants during the two years the State Bar took to obtain this result, many question whether new safeguards are needed to stop mega-filers from abusing the system. Finally, many question whether the existing safeguards are working at all when so many others are doing the same things without accountability.
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"
More than 14,000 ADA/accessibility lawsuits have been filed in California in just the past few years by a small number of lawyers. Many firms have closed, dismissed employees or sought bankruptcy protection as a result. [...]
"


there's a whole industry of people who go around with micrometers, measuring everything, from the height of the sink and toilet above the floor, to 'clearance' for a wheelchair, for the distance from the toilet to the paper holder, to the type of paper holder, to the clearances in every direction, to the height of the door knob, the lock mechanism, etc.

every single dimension in 3D is checked. If your mirror is 1/8th of an inch too high or too low, your sink 1/8th of an inch too high or two low or 'too far' or lacking 1/8th of an inch of clearance, if the pipes underneath don't allow XX inches of clearance, if the handle is not XX inches long and requires less than QQ ounces of torque to turn.....

if the light fixture switch is an 1/8th of an inch off....if the floor isn't perfectly level to within micro inches....

You'll get a handy dandy ADA happy lawsuit filing 'claim' for discrimination. If you are lucky, you'll only spend $500 fixing the non-existing problem. If not, maybe $10,000 or $20,000 to fix the bathroom, and then pay a couple thousand dollar 'fine' for failing to comply to ADA rules and regulations.

If the Braille print on the elevator isn't so many micrometers high.......or you have 1 inch high lettering....or the floor designators at least XX inches high as the elevator goes up or down....or you have an 'annunciator' for each floor as it approaches....well, dang....you are in trouble!.. Big fine....

It's stupidity at work. Oh, and your main entrance better be 'handi-cap' accessible, even if you have 500 steps to get there.....at the end of a 20 mile long hiking trail as your only access. And forget about bunk beds in your B&B unless you provide free power lifts to get your 350 lb fatty up to the upper level.

It's amazing anyone is in business these days.

As you see in CA...more and more simply quit rather than fight the stupidity.



t.
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"having an alcohol or drug addiction is considered a disability"

Keep that in mind the next time your ICU nurse walks into your room with a syringe in her hand. Make sure you have somebody with you to question every single treatment/drug/test you receive, the reason for it and who ordered it.

This stupid law was the reason I gave up on George Bush Sr (this law is not new) and why I quit working in HR. Actually quit working all together. That stupid law gave every slacker the right to demand to continue working whether or not they even show up or whether or not they are on drugs or alcohol or have some imagined illness. It's bad enough when your company is making widgets. Think about hospitals. Enough already.

There's no wonder companies start laying off hundreds of workers. They can't fire anybody without ending up in court (unless you're male, white and under the age of 40). Recessions are the necessary result of having to keep dead wood to stay out of court. Unfortunately, our government/schools have no such financial controls or incentives to not be bloated with slackers and never seem to have layoffs. They can keep dead wood forever...and we just pay more taxes to enable their behavior.
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there's a whole industry of people who go around with micrometers, measuring everything, from the height of the sink and toilet above the floor, to 'clearance' for a wheelchair, for the distance from the toilet to the paper holder, to the type of paper holder, to the clearances in every direction, to the height of the door knob, the lock mechanism, etc.

every single dimension in 3D is checked. If your mirror is 1/8th of an inch too high or too low, your sink 1/8th of an inch too high or two low or 'too far' or lacking 1/8th of an inch of clearance, if the pipes underneath don't allow XX inches of clearance, if the handle is not XX inches long and requires less than QQ ounces of torque to turn.....


When I was moving into my last cubicle before retirement, it wasn't just me moving. It was actually quite a large move, taking over the entirety of three floors of a downtown building. So we had our own in-house ADA inspector.

And I could not position the furniture in my cubicle the way I wanted, because it produced a walkway - IN the cubicle - that was 1/4" too narrow. A person in a wheelchair would not have been able to get behind my desk. That was not acceptable even though no person in a wheelchair had EVER been behind my desk, or expressed a desire or need to be behind my desk, in all the 20+ years I had been working for that employer (and this remained the case through the day I retired).
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complete BS. If a physician is impaired, the state medical board is notified and that is that. There is a mechanism to address this.

While addiction is certainly an illness and may be a "disability", I have never seen anyone receive benefits for this other than rehab if stipulated in their insurance policy.
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Wow. I have never seen that happen before in Virginia and I am not aware of it happening anywhere else:

http://www.tn.gov/mental/omd/omd_docs/ADA-audp2006.pdf
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I missed flightdoc's response, but it matches my understanding of what happens in Virginia.
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... surgical residencies to accept trainees with tremors?

Depends on the tremor.

Had a friend that went into anesthesia that had a non-intentional tremor (IIRC). If he sat there and did nothing, his hand would shake. But when he had to do something, steady as a rock. He loved to joke with patients about it while starting IVs.

JLC
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... complete BS. If a physician is impaired, the state medical board is notified and that is that. There is a mechanism to address this....

Not necessarily. This person has checked himself into rehab several times. While their might be a system in place, no one has ever followed through with it. Possibly because this person was in a small town hospital and was "needed". Plenty of people look the other way in small towns.

Ironically, during re-credentialling for state licensure and hospital privileges, there is the obligatory questions about impairment, etc., etc. My friend was able to pull those records. This person lied by checking "no". What is even more ironic, the lawyers involved say this is not enough reason to fire the person. WTF? Everyone is afraid of a lawsuit instead of patient safety.

While addiction is certainly an illness and may be a "disability", I have never seen anyone receive benefits for this other than rehab if stipulated in their insurance policy.

Instead of being able to fire this person, they'd more than likely have to buy them out of their contract. Like a football coach that's fired before the contract is over, you have to pay them even when they're out the door.

JLC
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but if a state medical board confirms lies on the application this could be grounds for suspension of license. Lack of a license could make the individual unable to work, right? Could he then be put on leave at least?
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... but if a state medical board confirms lies on the application this could be grounds for suspension of license...

Unfortunately its not as simple as that sounds. There have been multiple applications where this person blatantly lied about their addiction problem. The catch is, ironically, they were filed BEFORE they admitted the problem and went in for treatment (for what is now the 3rd time). The license/privaledges can only be revoked if they are caught NOW impaired.

Sounds a little like circular reasoning and I'm sure its to avoid potential law suits.

JLC
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Ah, too bad. If he had entered treatment and then denied having a problem on the application with the state it would be pretty simple.
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