DOT, ADA, and FMLA: overlap, similarities, and differences with respect to the new Alcohol and Drug Testing Rules

Article Abstract:

The Department of Transportation has issued Drug and Alcohol Testing Rules that came into effect Jan. 1, 1995, covering employers with at least 50 drivers who have Commercial Drivers Licenses. Provisions of the Americans with Disabilities Act (ADA) and the Family Medical Leave Act (FMLA) also apply to drug and alcohol problems. Alcoholics and rehabilitated drug users are covered by the ADA. The FMLA covers in-patient treatment for substance abuse. The regulations are also compared in relation to adverse employment action, enforcement, medical records, and unionized settings.

United States, Laws, regulations and rules, Mandatory drug testing, Drug testing, Drunk driving, Driving while intoxicated, United States. Department of Transportation, Commercial vehicles

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Arbitration and the ADA: a budding partnership

Article Abstract:

Compulsory arbitration clauses in employment contracts may be a good way of dealing with Americans with Disabilities Act (ADA) claims by non-unionized managers, and could also be used with lower-level employees if certain precautions are taken. These might include the representation of the lower-level employee by counsel and having the employee sign an arbitration agreement as an indication of having fully understood it. Arbitration of such claims would be more cost-effective and faster than litigation.

Negotiation, mediation and arbitration, Discrimination against disabled persons, Handicapped discrimination

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New diversity in the American workplace: a challenge to arbitration

Article Abstract:

Arbitrators must be aware of changing dynamics resulting from more ethnic, racial, sexual and cultural diversity in the workplace. Factfinding will be hindered if arbitrators are not cognizant of cultural differences and persistent stereotypes. Arbitrators must also consider what they will do should they find a legitimate company policy in conflict with legitimate employee needs.

Social aspects, Work environment

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