Scott Lepak Presenting on Mental Health and Addiction Issues

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Nationally recognized BGS employment law attorney Scott Lepak is presenting today in St. Cloud today on mental health and addiction issues in the workplace.  Speaking at the Advanced Employment Issues conference for the Minnesota Counties Insurance Trust, Scott is providing his perspective and advice on this growing issue in the workplace.  “Advising on mental health and addiction issues in the workplace is a regular part of my practice”, Scott says, “Employers have become much more adept at dealing with mental health issues since the Americans with Disabilities Act was enacted in 1990.”  He added, “With the nationally recognized opioid problem, employers are now becoming more adept at recognizing issues arising from the illegal use of drugs.”  Scott notes that, while the ADA provides protections for individuals who have successfully completed a supervised drug program or are participating in a supervised rehabilitation program, there is an important exception.   Individuals who currently engage in the illegal use of drugs are specifically excluded from the definition of an individual with a disability when an employer takes action on the basis of their current use.  Scott says that successfully navigating between protected status and unprotected conduct is an area where an employer should immediately contact their employment attorney when an issue arises.

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