Which employment practice is not legal under ADA?

A

The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against individuals with disabilities in several areas, including employment. Employers are required to make reasonable accommodations to enable people with disabilities to perform the essential functions of a job.

Let's analyze each answer option:

A. Establishing a policy that prohibits hiring alcoholic applicants: This practice is illegal under the ADA. Alcoholism is considered a disability under the ADA, and employers cannot discriminate against individuals who are addicted to alcohol. Employers can only prohibit the use of alcohol at work or coming to work under the influence of alcohol.

B. Establishing a policy that prohibits smoking at any time at work: This practice is legal under the ADA. Smoking is not considered a disability under the ADA, and employers are allowed to prohibit smoking at work.

C. Holding employees who are certified alcoholics to the same performance standards as other employees: This practice is legal under the ADA. Employers can hold all employees, including those with disabilities, to the same performance standards, as long as the standards are job-related and consistent with business necessity.

D. Refusing to hire an employee who currently uses illegal drugs: This practice is legal under the ADA. The ADA does not protect individuals who are currently using illegal drugs. However, individuals who have completed or are in a supervised drug rehabilitation program are protected under the ADA.

In conclusion, the employment practice that is NOT legal under the ADA is A. Establishing a policy that prohibits hiring alcoholic applicants.