Employee Rights On Substance Abuse
Addiction to illegal drugs or alcohol can lead to health problems, ruin relationships and even harm a person's ability to work. While many believe this affliction to be a matter of choice, the Americans with Disabilities Act recognizes drug and alcohol abuse as a serious health problem and provides some protection from discrimination against substance abusers who are seeking help.
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What Is Substance Abuse
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The use of illegal drugs and alcohol becomes a substance abuse problem when it interferes with everyday life. A substance abuser might chronically miss work or perform important work while under the influence. Substance dependence exists when an individual cannot stop using the substance, despite attempts to quit.
Disability Rights
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The Americans with Disabilities Act considers drug addiction a condition that impairs an employee's normal functions. The ADA and the Rehabilitation Act prevent an employer from discriminating against an employee with a history of drug or alcohol addiction or an employee undergoing treatment for alcohol or drug problems. Such discrimination includes firing an employee or reducing her hours due to drug addiction.
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Medical Care
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Those suffering from substance abuse might need time off from work to undergo treatment for their problem and might need other accommodations, including time off to attend support groups such as Narcotics Anonymous and Alcoholics Anonymous. These rights do not apply to recreational drug users; one must be diagnosed with a substance abuse problem or demonstrate a history of substance abuse.
Worker's Compensation
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Worker's compensation for private-sector employees with a substance abuse problem is determined by each state. Public-sector employees are covered by federal law, which requires reasonable accommodations for substance abusers. Workplace stress that further complicates a substance abuse problem might be included in a claim for worker's compensation.
Employer Rights
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Although private employers are not required to provide a drug-free work environment, they may still ban the use of alcohol and drugs on the job. Federal employees may not consume illegal and alcoholic substances without violating the Drug-Free Workplace Act. All employers retain the right to hold substance abusers to the same standards as employees who don't use drugs and to punish an employee whose substance abuse affects his or her work performance.
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