Substance abuse and the ADA: What every employer should know

Author(s): Powell, E. E.

Journal/Book: Employee Relat Law J. 1996; 22: 605 Third Ave, New York, NY 10158-0012. John Wiley & Sons Inc. 57-78.

Abstract: Prior to the passage of the Americans with Disabilities Act (ADA), a significant topic of congressional debate was what, if any, substance abuse addictions should be considered disabilities. As a result of those lengthy discussions, the final version of the ADA covers current alcoholics and recovered drug addicts. The statute, however, explicitly exempts from coverage persons ''currently engaged in the illegal use of drugs.'' Since the ADA's enactment, the courts have given employers some guidance with regard to what they may or may not do when faced with an employee who has a substance abuse problem, especially in the areas of drug testing or coping with an employee's performance problems. Certain other issues, such as the exact definitions of ''current'' and the ''illegal use'' of prescription drugs still are relatively unsettled. This article offers some practical advice and cautionary tips to help employers keep from unwittingly violating an employee's rights under the ADA.

Note: Article JR Mook, Ogletree Deakins Nash Smoak & Stewart, Washington, DC USA

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