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But she still thinks that there is work to be done, and she’s committed to staying on the front lines, making sure that all Americans have equal opportunities under the law.

Last week, Tarshish and I talked about her long career — and about hidden disabilities and the ADA. Cindy Held Tarshish: Today we all have certain rights that we take for granted: You can cross the street on a curb cut.

The largest percentage of people with disabilities in this country is actually those whose disabilities are hidden."At the end of July, Tarshish, who has been working alongside people with disabilities since before the ADA’s passage, was among the more than 1,000 people who gathered at the Minnesota History Center to commemorate the ADA's 25th anniversary with a special family day celebration.

The day was a cause for celebration, Tarshish said: In the years since the ADA’s enactment, Americans with disabilities have made great strides in gaining civil rights and legal protections.

According to one previous study, the estimated cost in one year to American businesses as a result of alcohol and drug abuse among the workforce was billion, with billion of that figure due to premature death and billion due to illness.

According to the National Cocaine Helpline, 75% of its callers admitted to having used drugs on the job, 64% indicated that drugs had adversely impacted their job performance, 44% stated they had sold drugs to fellow employees and18% said they had stolen from their fellow employees in order to support their drug habit.

There are two primary sets of laws which are immediately brought into play when discussing possible workplace protections for an alcoholic worker: (1) Americans with Disabilities Act, (2) Family Medical Leave Act.

These federal laws, which might protect an alcoholic worker from being fired, can conflict with the so-called doctrine that allows an employer to terminate an employee for virtually any reason.

Because alcoholism can be considered a disease, an employer must consider the circumstances of the employee and any of the above mentioned laws that can preclude an at will termination depending on the situation.

Some of the common problems caused by substance abuse in the workplace are: increased absenteeism; increased on-the-job accidents; increased use of sickness or disability benefits; lower productivity; poor or impaired relationships between co-workers; theft of company and co-worker property; employee domestic difficulties; employee financial difficulties; poor and/or impaired judgment and decision-making capabilities; diversion of supervisory and managerial time; damage to company property; disciplinary and grievance matters; workplace violence; criminal charges; and loss of employees.

In order to combat those problems, many employers have developed policies and programs to identify, and, if required, to discipline and discharge employees who use illegal drugs and abuse alcohol.




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