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The Americans with Disabilities Act (ADA) prohibits employment discrimination
against employees and applicants with disabilities in organizations
that employ 15 or more employees. The term "disability"
means an individual has a physical or mental impairment that substantially
limits one or more of his/her major life activities or
there is a record of such an impairment or an individual
is regarded as having such an impairment. The Equal
Employment Opportunity Commission (EEOC) oversees application
of the ADA. Section
503 of the Rehabilitation Act of 1973 also prohibits discrimination
against qualified individuals with disabilities by contractors and
subcontractors with the Federal government. The requirements regarding
drug and alcohol use under the two laws are identical.
The ADA and the Rehabilitation Act of 1973 affect drug and alcohol
policies. Individuals currently engaging in the illegal
use of drugs are not "individuals with a disability" when
the employer acts on the basis of such use. "Currently"
means that the illegal use of drugs "occurred recently enough
to justify the employer’s reasonable belief that involvement
with drugs is an ongoing problem."
The following is a brief outline of aspects of the ADA and the Rehabilitation
Act of 1973 that are related to employees who have problems with drugs
and alcohol:
- Employers may prohibit the illegal use of drugs and the use of
alcohol in the workplace.
- The ADA is not violated by tests for illegal use of drugs (but
remember to meet state requirements).
- Employers may discharge or deny employment to persons who currently
engage in the illegal use of drugs.
- Employers may not discriminate against drug addicts who are not
currently using drugs and have been rehabilitated or have a history
of drug addiction.
- Employers may not discriminate against drug addicts who are currently
in a rehabilitation program. (The EEOC has clarified that a rehabilitation
program includes inpatient or outpatient programs, Employee Assistance
Programs, or recognized self-help programs such as Narcotics Anonymous.)
- Reasonable accommodation efforts, such as allowing time off for
medical care, self-help programs, etc., must be extended to rehabilitated
drug addicts or individuals undergoing rehabilitation.
- A person who is an alcoholic may be an "individual with
a disability" under the ADA.
- Employers may discipline, discharge or deny employment to alcoholics
whose use of alcohol impairs job performance or conduct to the same
extent that such conduct would result in disciplinary action for
other employees.
- Employees who use drugs and alcohol may be required to meet the
same standards of performance and conduct set for other employees.
- Employees may be required to follow the Drug-Free Workplace Act
of 1988 and rules set by Federal agencies pertaining to alcohol
and drug use in the workplace.
- The ADA does not protect casual drug users; but individuals with
a record of addiction, or who are erroneously perceived as being
addicts, would be covered by the guidelines.
The Job Accommodation Network, a free service of DOL’s Office
of Disability Employment Policy, offers a
video that addresses legal issues related to the ADA and substance abuse in the workplace.
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