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Patrick, Esq.
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Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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Are employers who have a zero tolerance drug and alcohol policy

Customer Question

Are employers who have a zero tolerance drug and alcohol policy required to have an employee assistance program? I would like to know New York state law, and is NY a second chance state?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question. No, employers in NY are not required to have any sort of assistance program, even if they have a zero tolerance drug and alcohol policy. Alcoholism and drug addiction are considered "disabilities" under the Americans With Disabilities Act, but this does not mean employers cannot discipline alcoholics from drinking or drug addicts from using drugs or that they must take any special steps in order to do so. It simply means that employers may not discriminate based on the DIAGNOSIS (i.e. firing someone once the employer finds out they are a recovering alcoholic) and that they must accommodate TREATMENT of the employee's drug or alcohol addiction, such as by allowing them to take time off work for rehab. Again, though, this is completely distinct from drug or alcohol USE. Employers can discipline or terminate employees for drug or alcohol use pursuant to a zero tolerance program, and they need not specifically implement an assistance program in order to be able to do that. I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.* Disclaimer *Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.
Expert:  Patrick, Esq. replied 1 year ago.
Hello again,I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.Very best wishes.