2021.12.02 13:15 -Pipino Juegos gratis de la semana en Epic Games
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2021.12.02 13:15 VirusApocalypse [Artist For Hire] Pixel Artist for Hire, PM me for pricing
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2021.12.02 13:15 Guhvorn Bold nostalgia
2021.12.02 13:15 culture__vulture Legality of firing an employee simply for being on MMT
It’s unfortunate I had to make this post. I replied with factual information regarding this yesterday and was basically told I don’t know what I’m talking about. I think many of you know I’m not a lay person in this field. I’m an OTP director, licensed master social worker and I work regularly with SOTA (state opioid treatment authority) on issues like this one…so trust me on this:
It’s a violation of the ADA to terminate an employee simply for being on MMT.
There is a myriad of factors when talking about the law. There is statute—laws passed by the legislature and signed by the President (or Governor if state code). These are the LEAST straight forward, as they are most often open to interpretation.
Then, of course, we have regulations—statutes (or state codes) in practice. Although not “laws,” regulations have the force of law. They are promulgated through public rule making periods and detail how the executive branch of government will actually enforce or carry out the statutes or codes.
Then we have case law, where the law is made clear by the courts. Case law can be complex, but that’s where most rights and nuances are decided. The vast majority of ADA law is rooted in case law. Obviously, the Supreme Court is the final arbiter of case law nationally, but each district court and circuit court of appeals has the full effect of law in their rulings if not overturned by the higher court.
There’s no simple statute on this topic, but all of it is rooted in the ADA and subsequent case law over the years.
If it was ok to fire someone for operating heavy machinery then methadone patients could legally be denied drivers licenses too, under the premise that “methadone impairs your judgment” (which in fact, is not true at proper doses).
Folks with seizure disorders are much more at risk (and put others at risk) if they drive, yet we can’t discriminate against them either unless a court declares the risks outweigh the benefits, and courts are VERY reluctant to remove individuals rights or restrict liberty (considering the U.S. Constitution).
There is someone who loves to cite the Federal Motor Carrier Safety Administration’s ban on methadone as rebuttal. The problem is, that ban was shoved through quickly and quietly right after a truck driver on methadone (and Xanax!) killed a woman.
However, this only remains in effect because no patient with a CDL has challenged that regulation in court. We advocates are aware of an unlawful regulation, but unless an individual with legal standing who has experienced damages files for relief in federal court, it stays. Courts don’t just go proactively looking for regulations to strike down. A case must be brought.
Regulations cannot contradict statute. In this case, if a methadone patient ever lost their CDL for being on methadone alone & then sued in federal court, the ADA would overrule that regulation and invalidate it. This is not speculation…it’s objective law.
Let me be clear…it is not legal to fire someone simply for being on MMT. That means, if you have been working somewhere for months or more, and your boss calls you in and says, “I just found out you’re on methadone. You’re fired,” it’s irrelevant if the job involves heavy machinery. They can only lawfully fire you if you’re slurring your speech, if you are clearly sedated, etc. THEN they can fire you. But—again—they cannot fire you just for finding out you’re on MMT! Period!
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2021.12.02 13:15 nick_nostradamus Pra quem duvida do potencial😎
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2021.12.02 13:15 dogsarecutee A post found in a first grade teacher Facebook group
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2021.12.02 13:15 GenericGuy769 For your top artist from spotify wrapped what percent of their listeners were you in?
2021.12.02 13:15 walters3731 4 months after finishing accutane, still dealing with lots of PIH and scarring. Any tips to help?
2021.12.02 13:15 skywalka55 Neuer Community Kalender 1. Quartal 2022
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2021.12.02 13:15 Project_ZX_ Remember the "PET Watch" post? Have a Transer Phone! 😂
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2021.12.02 13:15 Goneisthedead NF - When I Grow Up
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2021.12.02 13:15 rookv This is my house? This is not my cat?
2021.12.02 13:15 mahdigeek ta
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2021.12.02 13:15 yoursun_light F22 I love this outfit 🖤
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2021.12.02 13:15 erer1243 Currently, it's December 2, 2021 at 11:15AM
2021.12.02 13:15 dannylenwinn Leader of Prolific Fentanyl Trafficking Ring Sentenced.. will be on 5 years of supervised release following his prison term. 'Woolard retained the role of ordering the fentanyl from China.. Isham also recruited people to receive the shipments of powdered fentanyl and furanyl fentanyl from China.'
2021.12.02 13:15 Significant-Hyena870 let us see what's you've got
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2021.12.02 13:15 MikeShaughnessy COP26 Gives It Up to the Capitalists
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2021.12.02 13:15 PlusEntrepreneur Jeddah Paddock View at night.
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2021.12.02 13:15 peterhustle Top 10 Tips to find jobs in Dubai
2021.12.02 13:15 filippo_sett One Piece Pirate Warriors 3: domanda per monete dei nemici potenti
Come posso guadagnare le varie monete inerenti a sconfiggere i nemici potenti? Ho capito che potrò iniziare a prenderle solo dopo aver concluso il diario dei sogni, ma come posso farli riapparire dopo aver concluso?
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2021.12.02 13:14 neuroticsmurf Ready to climax
2021.12.02 13:14 grizzlygawd What’s your best “gag gift”?
2021.12.02 13:14 KJEnduro Self studying BC schedule
Hello, I hope everybody is doing well! I’ll keep this short. I’m attempting to self study calculus. At least Calc 1 but hopefully I can squeeze 2 in there as well. I am using the CLP textbooks provided by UBC. I would like to be finished in time to take some practice tests before the AP exam. What would you focus on the most? What would you cut out of the curriculum? Any general advice?
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2021.12.02 13:14 SomeWallGuy Have any unpopular Fall Guys opinions ?
Here are a few of mine: