Can I be fired over a disease?
December 23rd 2007 02:23 pm
This is an interesting question and an interesting story that goes along with that question. Cincinnati Bengals linebacker, Odell Thurman, has been suspended by the league for a second consecutive year for substance abuse violations. The only problem is that he hasn’t failed a test in over a year, served all the original stipulations of his first suspension, but yet was still suspended for a second consecutive year by NFL commissioner Roger Goodell.
Adam Pacman Jones (one year suspension), Mike Vick (indefinite suspension), and Tank Johnson (8 game suspension) have all been in the news, and rightfully suspended by Goodell, but many have questioned the broad-ranging power that Goodell has and his one person committee of discipline. Sentencing the previously mentioned three is easy because they all had problems with the law that either resulted in a plea deal or prison time but when your talking about alcohol and substance abuse then everything hasn’t been as consistant or equal.
So you have Odell, who has received the harshest sentence to date, next to Vick, over his problems with alcohol abuse and because of this went to the Equal Employment Opportunity Commission against the NFL. His stance is that the NFL is punishing an employee for a disease even though he has complied with all the leagues policies in regards to his problem.
Thurman, 24, is at the center of an unusual case that could challenge the sweeping powers the league has to discipline players with substance-abuse problems.
He has filed a complaint with the Equal Employment Opportunity Commission, asserting that the N.F.L. declined to reinstate him because officials believe he is an alcoholic. That, his complaint says, violates the Americans with Disabilities Act, which categorizes people as disabled if they have a record of alcoholism and have received treatment.
“The crux of the complaint is that they have a disability and they are not being reinstated because of that disability,” said Paul M. Secunda, a labor and employment law expert who edits the Workplace Prof Blog. “What we’re talking about is the disability of the player and the rights of the employer to run the N.F.L. as they see fit. It’s, where does the D.U.I. fit it? Does the league have the right to take further action beyond what the criminal court system does?”
This is a big deal because it can set a precedent for not only the NFL but for everyone. What if I had a couple of DUI’s and my job suspended me for 2 years because of it?
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Batemen Ei responded on 26 Dec 2007 at 6:13 am #
Aint that some S’ugar H’oney I’ced T’ee…if Odell hasnt failed a substance abuse test in over a year then what is the problem? Maybe I need to look at the history of this situation cause I’m lost.
kdub responded on 26 Dec 2007 at 8:23 am #
He first skipped a random drug test. To get in the NFL’s substance abuse program you can either fail a test (which is both a steroids/performance enhancing and narcotic test) or just not take the test when told to. Odell missed his first test. Then, he failed a test in the pre-season of 2006 because of marijuana (some have said it might have been something harder). So, a second failed test leads to a 4 game suspension which he was slapped with for 2006. Then in September of 2006 he had a DUI. For the substance abuse program that is strike 3 and instead of 4 games in turns into a year.
Now, since that DUI he has not had any problems and followed the guidlines in the program. Served all of 2006 and everyone thought that he was going to be good for 2007 but then he was suspended again…even though he hadn’t failed a test or had any problems since that DUI.
I think 2 years is “cruel and unusual”…and I hope he wins that appeal.