Ada accommodating people with drug problems
Section 503 of the Rehabilitation Act of 1973 also prohibits discrimination against qualified individuals with disabilities by contractors and subcontractors with the Federal government.
The requirements regarding drug and alcohol use under the two laws are identical.
The ADA and the Rehabilitation Act of 1973 affect drug and alcohol policies.
Individuals engaging in the illegal use of drugs are not "individuals with a disability" when the employer acts on the basis of such use.
"Currently" means that the illegal use of drugs "occurred recently enough to justify the employer’s reasonable belief that involvement with drugs is an ongoing problem."The following is a brief outline of aspects of the ADA and the Rehabilitation Act of 1973 that are related to employees who have problems with drugs and alcohol: The Job Accommodation Network, a free service of DOL's Office of Disability Employment Policy, provides accommodation ideas and fact sheets for Drug Addiction and Alcoholism and also offers a Video that addresses legal issues related to the ADA and substance abuse in the workplace.
However, EEOC continues to receive questions from both employers and employees about issues such as what steps are appropriate where a disability is causing or seems to be causing a performance or conduct problem, when a request for accommodation should be made, and when an employer can properly raise the issue of an employee’s disability as part of a discussion about performance or conduct problems.Even when the disability is not causing the performance or conduct problem, some employers still have questions about what action they can take in light of concerns about potential ADA violations.This publication discusses relevant ADA requirements, provides practical guidance, and offers examples to demonstrate the responsibilities of both employees and employers when performance and conduct issues arise.This paper will briefly discuss the ADA's provisions on illegal drug use and review several recent cases where this issue has arisen in the workplace. Employers are prohibited from discriminating against any person with a "disability." The term "disability" is defined as: EXCLUSION FOR ILLEGAL DRUG USERS Recognizing the controversy that would arise if current illegal drug users claimed entitlement to protection under the ADA, and wishing to further the policy of zero tolerance for drug use, Congress made explicit exceptions. The hospital performed an investigation and caught plaintiff stealing Fentanyl.
OVERVIEW OF THE ADA President Bush signed the ADA into law on July 26, 1990. Under the ADA, "the term 'qualified individual with a disability' shall not include any employee or applicant who is currently engaging in the illegal use of drugs, when the covered entity acts on the basis of such use." 42 U. After being confronted by the hospital's personnel director, the plaintiff admitted that she had diverted Fentanyl for her own use and was addicted to it.The ADA is crafted to protect disabled persons from discrimination in numerous areas throughout society.