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It is your employee's responsibility to inform you of the disability and request a reasonable accommodation -- you are not legally required to guess at what might help the employee do his or her job.

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People with disabilities make valuable contributions at work -- if they are given the opportunity to do so.

The ADA and most state laws protect "qualified workers with disabilities." Thus, someone must be a qualified worker and must have a legally recognized disability to be protected by the ADA. A qualified worker is a worker who can perform most basic and necessary job duties, with or without some form of accommodation.

There are three ways in which a worker can qualify for protection under the ADA: For an impairment to be a legal disability, it must be long term.

The definition of current is critical because the ADA only excludes someone from protection when that person is a current user of illegal drugs.

In her testimony before the Commission, Nancy Delogu, counsel to the Institute for a Drug-Free Workplace, Mark Rothstein, professor of law and director of the Health, Law and Policy Institute at the University of Houston, concurred with Ms. employers are having a difficult time making a determination. 1998) (alcoholism is covered under the Rehabilitation Act); Mararri v. 1997) (the ADA treats drug addiction and alcoholism differently).