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View Full Version : Is this Descrimination? Connecticut


BaBisson
09-26-2006, 08:03 AM
I work for an agency that assists the mentally ill. One of my clients is a recovering drug user. This client was recently terminated because her employer found a syringe needle in the workplace and blamed the client for using drugs at work and terminated the client's employment.

Now under Employment At Will this would appear legal, however does the ADA of the CT Fair Labor Apply here because she has a diagnosed disability and there is no real connection between the client and the syringe? If the client feels that there is discrimation at work here, how would they go about filing a grievance? Any info would be appreciated. -B

Beth3
09-26-2006, 08:06 AM
There is not nearly enough information to determine whether any discrimination occurred. Among other things, we have no idea where the employer found the syringe (at her work station? in her locker?), whether they conducted a drug test based on "reasonable suspicion" before terminating her, whether the employer had reason to believe the employee was using drugs at work, etc.

patriot1123
09-26-2006, 09:19 AM
If the employer reasonably believed that the client brought the syringe to work, and if it is not the type of workplace where a syringe is appropriate, and if the client does not have a disclosed medical need for syringes at work, then the discharge is not discrimination, even if the employer is wrong about the client's responsibility for the syringe.

However, same as above with one change: the employer has no reasonable basis to connect the client to the syringe and only did so because of the client's drug use history, then the discharge could be discriminatory.

The client should pursue any grievance opportunities available at the workplace; and, if that fails, contact the Equal Employment Opportunity Commission.

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