How does the Americans with Disabilities Act apply to alcoholism and drug addiction?

July 7, 2008

Although the Americans with Disability Act's (ADA) broad definition of disability would include alcohol and drug addiction, Congress has created some specific exceptions to ADA protection as it applies to alcohol and drug addiction.

In situations involving alcohol or drug addiction, employers may:

• Discharge an employee for disorderly conduct, even if that behavior is directly related to alcoholism and drug use.
• Fire or refuse to hire an individual with a history of drug or alcohol abuse if it can be shown that the individual poses a direct threat to others.
• Administer tests to rehabilitated employees to ensure that they are no longer abusing drugs or alcohol.

Warning: Employers must be careful, however, not to make adverse employment decisions based entirely on an individual's former drug or alcohol use. Employers are in violation of the ADA if they refuse to hire an applicant due to a past history of drug or alcohol addiction.

Additionally, the ADA allows employers to maintain policies prohibiting employees from:

• Possessing drugs or alcohol in the workplace.
• Using drugs or alcohol in the workplace.
• Being under the influence of drugs or alcohol in the workplace.

Recovering alcoholics
The ADA does not consider illegal drug use a disability, and illegal drug users are not protected by the Act. However, the ADA does consider alcoholism a protected disability. For instance, a recovering alcoholic might need the reasonable accommodation of time off to attend twelve-step meetings. On the other hand, no similar ADA protection exists for individuals actively engaged in alcohol use.

Former drug users
Although the ADA does not protect current illegal drug users, it does protect those undergoing drug rehabilitation or those who have completed rehabilitation and who are not current users. To obtain proof that an individual is not a current drug user, employers may administer drug tests or request proof of participation in a rehabilitation program.

Note: Employers are not in violation of the ADA in refusing to hire an individual who has completed a drug rehabilitation program but who currently tests positive for drugs.

Alcohol and drug tests
The ADA allows employers to have a substance abuse testing policy. Employers must be careful to ensure that the tests differentiate between legal and illegal drugs and that the tests are confidential. If substance abuse tests uncover legal use of prescription drugs as well as use of illegal drugs, employers should consider having a medical review officer -- who will only report illegal use of drugs directly to the employer -- conduct the tests.

Since the ADA considers alcoholism a disability, tests for alcoholism are considered medical examinations where tests for illegal drug use are not. Unless federal safety regulations require otherwise, tests for alcoholism may only be administered after a conditional offer of employment has been extended.

This information is adapted from Ceridian's HR Compliance Reference System. Contact your Ceridian representative for more information about Ceridian's compliance solutions.