Key Points:

• For many people with a history of substance dependence, having a job is a major factor in their recovery and ability to maintain mental wellness.
• The cost and impact of providing reasonable accommodations for employees with substance dependence is usually minimal.

Each person who has a history of substance dependence is an individual. Employers should not make assumptions about an individual based on experiences they have had with other people with a history of substance dependence. Many people with a history of substance dependence are genuinely trying to change old behaviors.

  

Important Answers

Does the ADA or FEHA protect people with substance dependence?

YES. The employment provisions of both the ADA and FEHA protect qualified individuals with a disability, including persons who have been diagnosed by medical professionals as having an alcohol or drug addiction. Persons who have abused drugs or alcohol, but who have not become physically or psychologically addicted, do not qualify as a “person with a disability”.  Neither law protects individuals who currently use drugs illegally.

Do individuals who use drugs illegally have rights under the ADA or FEHA?

NO. Anyone who is currently using drugs illegally is not protected by the ADA or FEHA and may be denied employment or fired on the basis of such use.

Can employers make workplace rules regarding alcohol or illegal drug use?

YES.  The ADA does not interfere with employers' programs to combat the use of drugs and alcohol in the workplace. The Act specifically provides that employers may: (1) prohibit the use of drugs and alcohol in the workplace; (2) require that employees not be under the influence of alcohol or drugs in the workplace; and (3) require that employees who illegally use drugs or alcohol meet the same qualification and performance standards applied to other employees. For example, an employer can require that employees not come to work or return from lunch under the influence of alcohol (or drugs used illegally). An employer can also prohibit an employee from bringing alcohol to work or to work-related functions, or drinking during working hours.

Can people who have alcohol or drug dependence be held to the same standards as their co-workers?

YES.  Employees who have an alcohol or drug dependence and do not perform up to the standards required by their employers can be discharged from their employment, even if their failure to meet the job standards is the result of the alcohol or drug dependence. However, an employer must make reasonable accommodations for employees who have alcohol or drug dependence, such as making a flexible schedule that allows the employee to attend AA meetings.

Are employers required to provide substance dependence rehabilitation to people recovering from alcohol or drug dependence?

NO.  Many employers have established Employee Assistance Programs (EAP) for employees who use drugs or alcohol that are helpful to both the employee and employer. However, the ADA does not require an employer to provide an opportunity for rehabilitation in place of discipline or discharge. The ADA does require that an employer consider reasonable accommodations for a person dependent on drugs who is undergoing rehabilitation and not using drugs or someone dependent on alcohol who remains a qualified individual with a disability. For example, a modified work schedule, to permit the individual to attend an on-going self-help program, might be a reasonable accommodation for an employee who has completed substance dependence treatment.