View Poll Results: Is alcohol abuse a disability; do you agree or disagree with the EEOC?

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  • I agree alcohol abuse is a disability, I agree with the EEOC position

    4 9.09%
  • I agree alcohol abuse is a disability, I disagree with the EEOC position

    3 6.82%
  • I disagree that alcohol abuse is a disability, I agree with the EEOC position

    2 4.55%
  • I disagree that alcohol abuse is a disability, I disagree with the EEOC position

    25 56.82%
  • Rutabega

    3 6.82%
  • Other (Explain please)

    7 15.91%
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Thread: Is alcohol abuse a "disability"?

  1. #151
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    Re: Is alcohol abuse a "disability"?

    Quote Originally Posted by Kali View Post
    I am not sure but I do know that a lot of whinos draw a check every month due to their drinking. It pisses me off as they wanna give sober people with real medical issues a hard time but giving these folks a check? I don't like it as the only thing wrong with them is their desire to drink plus a lot of times they do work under the table via construction work. There is a place in my town to where all the wineos wait each morning to be picked up to go to work under the table and these places pick them up in trucks to do side jobs and labor and pay them at the end of the day. Also they drink from sunrise to sunset. Cannot be safe but guess it does not matter as it is cheap labor. They mainly show up when there disability checks have been ran through on drinking and a lot of them also smoke of the crack.

    It is not that I do not feel for them as alcoholism is a disease. But it is one that can be helped if you are willing to get treatment and it is a somewhat self inflicted disease (even though there is proof that it is gentic too or can be). What bugs me is so many folks that need disabilty through no fault of their own but are denied yet here are these folks drinking themselves to death get these checks.
    You're plying to the notion of the incapable, drooling, sniveling street bum drunk - a lot of alcoholics aren't like that. Those are the ones we see because they're so bluntly obvious in everyone's face about it.
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  2. #152
    Stigmatized! End R Word! Kali's Avatar
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    Re: Is alcohol abuse a "disability"?

    Quote Originally Posted by Aunt Spiker View Post
    You're plying to the notion of the incapable, drooling, sniveling street bum drunk - a lot of alcoholics aren't like that. Those are the ones we see because they're so bluntly obvious in everyone's face about it.
    Oh I am well aware that a lot of alcoholics are not like that. My Dad is a prime example of alcoholics that are not like that and has been sober for many a years. He almost lost jobs over his drinking and was forced in rehab various times. It was not til he got a wake up call (that is too personal to go into) that he got his ass in check and understood that if he did not save himself that he was gonna lose any and everything he loved. I know all about addiction so do not think I am clueless.
    ~Following My Own Flow~

  3. #153
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    Re: Is alcohol abuse a "disability"?

    Quote Originally Posted by Kali View Post
    Oh I am well aware that a lot of alcoholics are not like that. My Dad is a prime example of alcoholics that are not like that and has been sober for many a years. He almost lost jobs over his drinking and was forced in rehab various times. It was not til he got a wake up call (that is too personal to go into) that he got his ass in check and understood that if he did not save himself that he was gonna lose any and everything he loved. I know all about addiction so do not think I am clueless.
    Well I know you know more about it - your post only addressed one very stereotypical drunk concept of an individual. . .seemed out of place.
    A screaming comes across the sky.
    It has happened before, but there is nothing to compare it to now.
    Pynchon - Gravity's Rainbow

  4. #154
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    Re: Is alcohol abuse a "disability"?

    Quote Originally Posted by RiverDad View Post
    Joseph Hazelwood had a drinking problem. He went to rehab for his alcoholism. Once out of rehab his employer granted him 90 days of leave to attend Alcoholics Anonymous.

    Sometime after he returned to his job he caused an accident. There were some lawsuits. He was fined $50,000 for his part in the accident. His employer was hit with $3,500,000,000 in damages.

    Exxon learned a lesson and so did every other employer.
    An exception does not define a rule.
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    ====||:-D

    Quote Originally Posted by Wiseone View Post
    This is what I hate about politics the most, it turns people in snobbish egotistical self righteous dicks who allow their political beliefs, partisan attitudes, and 'us vs. them' mentality, to force them to deny reality.

    Quote Originally Posted by Navy Pride View Post
    You can't paint everone with the same brush.......It does not work tht way.


    Quote Originally Posted by Wessexman View Post
    See with you around Captain we don't even have to make arguments, as you already know everything .
    Quote Originally Posted by CriticalThought View Post
    Had you been born elsewhere or at a different time you may very well have chosen a different belief system.
    Quote Originally Posted by ernst barkmann View Post
    It a person has faith they dont need to convince another of it, and when a non believer is not interested in listening to the word of the lord, " you shake the dust from your sandels and move on"

  5. #155
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    Re: Is alcohol abuse a "disability"?

    Quote Originally Posted by RiverDad View Post
    Who is doing the "putting?" In many cases the person doing the "putting" is the pedophile or alcoholic. In cases where there are supervisors, such as a job in a school, the pedophile can be put on as a night shift janitor. Great - no kids around, no triggers. What do you do with the truck driver, assign him a permanent babysitter who sits in the truck cab with him on all driving assignments to make sure that he doesn't a.) bring a flask with him to work, or b.) stop somewhere and pick up some booze. Truck drivers are out on their own. If they want access to a "trigger" there is no one stopping them.
    And if that driver behaves in any way that indicates he is deviating, he needs to receive consequences. I also indicated that the government should subsidize the random testing. But the company should not be punitive for a behavior that has not occurred, in a situation that is not part of the trigger.

    This is asking the company to put their neck into a noose and trusting the driver not to kick out the chair that's under them.
    Not at all.

    I'm operating on the assumption that there is settled precedent out there in legal-land where some company has been sued for doing something just like what you suggest and if not the exact same situation then one close enough to the situation so that the precedent of "no good deed ever goes unpunished" is driven home loudly and clearly. There is a reason that the business community hates trial lawyers.
    I have no idea whether there is precedence or not. Some regulation in this area is important, but not OVER regulation.



    May 11, 2011



    A Tatum resident has filed a lawsuit against a trucking company after an allegedly intoxicated truck driver collided into her parked vehicle.

    Lisa Licon filed suit against Karen Tusler Anderson and Fleet Global Services Inc. on April 28 in the Eastern District of Texas, Marshall Division.

    According to the lawsuit, Licon's disabled vehicle was parked off of the roadway on Interstate 20 near Longview on Dec. 30, 2010, when the incident occurred. Defendant Karen Anderson, who was allegedly intoxicated, failed to stay in a single lane and struck Licon's vehicle.

    Defendant Anderson is accused of negligence for failing to keep a proper lookout, failing to control her speed and failing to turn or take evasive action in an effort to avoid the collision.

    Anderson is also accused of negligence for driving the vehicle recklessly with willful or wanton disregard for the safety of others and for operating the vehicle while under the influence of alcohol.

    Defendant Fleet Global Services is accused of negligent entrustment and hiring of Anderson.

    The plaintiff is seeking damages for physical pain and mental anguish, physical impairment, disfigurement, medical expenses, lost earnings, loss of earning capacity, punitive damages, interest, court costs and attorney's fees.


    Who do you imagine has the deeper pockets here and if the plaintiff wins the case, who will foot the settlement, the drunk driver or the trucking company?
    [/quote]

    I guess we will have to wait and see what the outcome is. From what I see, the company has no negligence, but there may be information we are currently unaware of.
    "Never fear. Him is here" - Captain Chaos (Dom DeLuise), Cannonball Run

    ====||:-D

    Quote Originally Posted by Wiseone View Post
    This is what I hate about politics the most, it turns people in snobbish egotistical self righteous dicks who allow their political beliefs, partisan attitudes, and 'us vs. them' mentality, to force them to deny reality.

    Quote Originally Posted by Navy Pride View Post
    You can't paint everone with the same brush.......It does not work tht way.


    Quote Originally Posted by Wessexman View Post
    See with you around Captain we don't even have to make arguments, as you already know everything .
    Quote Originally Posted by CriticalThought View Post
    Had you been born elsewhere or at a different time you may very well have chosen a different belief system.
    Quote Originally Posted by ernst barkmann View Post
    It a person has faith they dont need to convince another of it, and when a non believer is not interested in listening to the word of the lord, " you shake the dust from your sandels and move on"

  6. #156
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    Re: Is alcohol abuse a "disability"?

    Quote Originally Posted by Ockham View Post
    So can homosexuality... doesn't mean we should do it though.
    Ummm... that is untrue.
    "Never fear. Him is here" - Captain Chaos (Dom DeLuise), Cannonball Run

    ====||:-D

    Quote Originally Posted by Wiseone View Post
    This is what I hate about politics the most, it turns people in snobbish egotistical self righteous dicks who allow their political beliefs, partisan attitudes, and 'us vs. them' mentality, to force them to deny reality.

    Quote Originally Posted by Navy Pride View Post
    You can't paint everone with the same brush.......It does not work tht way.


    Quote Originally Posted by Wessexman View Post
    See with you around Captain we don't even have to make arguments, as you already know everything .
    Quote Originally Posted by CriticalThought View Post
    Had you been born elsewhere or at a different time you may very well have chosen a different belief system.
    Quote Originally Posted by ernst barkmann View Post
    It a person has faith they dont need to convince another of it, and when a non believer is not interested in listening to the word of the lord, " you shake the dust from your sandels and move on"

  7. #157
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    Re: Is alcohol abuse a "disability"?

    Quote Originally Posted by RiverDad View Post
    One of the problems that arises from the law requiring a job reassignment is that jobs are usually not vacant and waiting for someone like this to fill them.

    Many of the bleeding hearts here feel bad for the driver because he is being punished for his disability. Who here weeps for the warehouse worker for is bumped from his $40,000 per year job to the next lowest job which involves truck detailing and pays $30,000 per year? What has this person done to deserve a demotion? Can he go to the EEOC and demand that they fight to bring him justice?
    This is ANOTHER example of you using an inaccurate situational comparison. These two situations are not similar at all.
    "Never fear. Him is here" - Captain Chaos (Dom DeLuise), Cannonball Run

    ====||:-D

    Quote Originally Posted by Wiseone View Post
    This is what I hate about politics the most, it turns people in snobbish egotistical self righteous dicks who allow their political beliefs, partisan attitudes, and 'us vs. them' mentality, to force them to deny reality.

    Quote Originally Posted by Navy Pride View Post
    You can't paint everone with the same brush.......It does not work tht way.


    Quote Originally Posted by Wessexman View Post
    See with you around Captain we don't even have to make arguments, as you already know everything .
    Quote Originally Posted by CriticalThought View Post
    Had you been born elsewhere or at a different time you may very well have chosen a different belief system.
    Quote Originally Posted by ernst barkmann View Post
    It a person has faith they dont need to convince another of it, and when a non believer is not interested in listening to the word of the lord, " you shake the dust from your sandels and move on"

  8. #158
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    Re: Is alcohol abuse a "disability"?

    Quote Originally Posted by CaptainCourtesy View Post
    An exception does not define a rule.
    You're thinking in terms which are too black and white here. You're putting the alcoholic's welfare, and your sense of justice, above the risk that the company faces and if a bad event occurs because of this driver and his history, then all of the people in the company will suffer.

    Dying on the hill of principle doesn't make sense to me.

    What do you tell the company if a bad event should occur? They had the option to foreclose on this risk but people like you held their feet to the fire. What words or deeds of comfort do you offer them?

    You say that Hazelwood is the exception, I say that he represents a class of employees who employers hired and entrusted with responsibility and who failed to execute their jobs responsibly and thus their employers were held to account. There are, and have been, a number of civil actions against companies which are based on the claim that employers didn't exercise good judgment in hiring the people they hired. Hazelwood is not sitting alone regarding this issue.

  9. #159
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    Re: Is alcohol abuse a "disability"?

    Quote Originally Posted by CaptainCourtesy View Post
    This is ANOTHER example of you using an inaccurate situational comparison. These two situations are not similar at all.
    WHY are they not similar?

  10. #160
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    Re: Is alcohol abuse a "disability"?

    Quote Originally Posted by CaptainCourtesy View Post

    No. However, I would agree that the EEOC should remove their objections if the individual refuses treatment or does not complete treatment, and should subsidize all costs for the company to do random alcohol screens.
    I'm curious, CC, why wouldn't you support that? It's the EEOC that wants to force the company, not only to rehire the guy, but hire him as a driver. If the EEOC is so confident that the guy won't screw up and kill someone, let them bear the risk. In either case, I do think someone would have a good claim against the EEOC if this guy is reinstated and ended up hurting someone (presuming the EEOC doesn't have immunity, which it may well have).
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    Mahatma Gandhi


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