Are Drug Abusers and Alcoholics Protected by the ADA?

Employees who are currently using illegal drugs are not protected by the Americans with Disabilities Act (ADA), although the law does provide alcoholics and recovering drug addicts limited protection from discrimination. However, protection is available to employees who have successfully completed a drug rehabilitation program, and no longer uses illegal drugs, and to those who are currently participating in a rehabilitation program.

While an alcoholic is an individual with a disability under the ADA, an employer may discipline, discharge or deny employment to an alcoholic whose use of alcohol impairs job performance. The ADA does not require an employer to provide an opportunity for rehabilitation, such as an employee assistance program, in place of discipline or discharge. However, an accommodation, such as a modified work schedule, that will allow the employee to attend a self-help program for rehabilitated drug users or alcoholics, is required.

Those with a past history of alcohol or drug abuse may be denied employment if an employer can demonstrate that the person poses a direct threat to health or safety and that a reasonable accommodation would not reduce or eliminate the high probability of substantial harm.