The Americans with Disabilities Act
An employer’s actions related to employees who use or abuse alcohol or drug and or who are recovering from substance abuse may be subject to federal laws and regulations. Chiefly among those laws is the Americans with Disabilities Act of 1990 (ADA).
The ADA protects individuals with disabilities from discrimination in employment discrimination. According to the EEOC Technical Assistance Manual, Title I of the ADA, “A person who currently uses alcohol is not automatically denied protection simply because of alcohol use. An alcoholic is a person with a disability under the ADA and may be entitled to consideration of accommodation if s/he is qualified to perform the essential functions of a job. However, an employer may discipline, discharge or deny employment to an alcoholic whose use of alcohol adversely affects job performance or conduct to the extent that s/he is not ‘qualified.’”
The use of illegal drugs is not protected under the ADA, but people in recovery are. According to the EEOC’s Technical Assistance Manual, “Persons addicted to drugs, but who are no longer using drugs illegally and are receiving treatment for drug addiction or who have been rehabilitated successfully, are protected by the ADA from discrimination on the basis of past drug addiction.” However, a drug test that shows that the employee is using an illegal substance constitutes “using drugs illegally” and therefore bars the employee from ADA protections.
The ADA states that employers can prohibit the use of drugs and alcohol in the workplace and require that employees not be under the influence of alcohol or drugs. Employers can hold employees who are alcoholics or drug addicts to the same performance standards that apply to other employees.
State laws may also direct employer policies and procedures, and it’s essential to check rules applying your state.