Facially Neutral No-Rehires Rules and the Americans with Disabilities Act

Authors

Christine Neylon O'Brien

Abstract

This article deals with the issue of whether alcoholism should qualify as a disability under the Americans with Disabilities Act. Under this theoretical category, an employee or potential employee would have a cause of action once he shows his disability no longer interferes with his ability to perform his job. One example of a prospective plaintiff is a recovering alcoholic. The author addresses the difference between a disparate impact claim and a disparate treatment claim and asserts what employers should do to ensure they do not run afoul of the ADA.

Recommended Citation

O'Brien, Christine Neylon (2004) "Facially Neutral No-Rehires Rules and the Americans with Disabilities Act," Hofstra Labor & Employment Law Journal: Vol. 22: Iss. 1, Article 4.
Available at: https://scholarlycommons.law.hofstra.edu/hlelj/vol22/iss1/4