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March 17, 2009

NBA Star Banned From League For Drug Use Settles Discrimination Case.

drugs.jpgRoy Tarpley, a former Dallas Mavericks star filed a lawsuit against the NBA and the Mavericks alleging his lifetime ban represented employment discrimination. Tarply was banned from the league for life because of drug use. Tarpley's complaint alleges that he can't be banned for life if he is clean and has a disease called addiction. His claim was brought under the American with Disabilities Act (ADA).

According to the Dallas News, the 2007 federal lawsuit against the league and the Mavericks was settled.

Although most people would probably think that the lawsuit was without merit, drug addicts are protected persons under the ADA. Similarly, the New Jersey Law Against Discrimination protects drug addicts from discrimination in employment. The disease of addiction is considered a disability and an employer that takes an adverse action against an individual because of that disbaility can be liable for damages in a civil action.

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