On April 5, the Civil Rights Division of the U.S. Department of Justice (DOJ) issued official guidance on how the Americans with Disabilities Act (ADA) can protect individuals with Opioid Use Disorder (OUD) from discrimination.
The guidance also includes examples to help individuals and employers navigate difficult scenarios involving opioid and other substance use disorders.
The ADA provides civil rights protections to individuals with disabilities and guarantees that they have the same opportunities to enjoy employment opportunities, participate in state and local government programs, and purchase goods and services. The ADA accomplishes this by prohibiting discrimination on the basis of disability, which is defined as (1) a physical or mental impairment that substantially limits one or more major life activities, including major bodily functions; (2) a record of such an impairment; or (3) being regarded as having such an impairment.
The DOJ’s guidance recognizes that individuals with OUD typically have a disability because they have a drug addiction that substantially limits one or more of their major life activities, and drug addiction is considered a physical or mental impairment under the ADA. The ADA’s protection extends to individuals who are in recovery, as well as those who have a history of OUD but no longer use drugs illegally. Additionally, the ADA protects individuals who are regarded as having an opioid use disorder, whether or not they actually do, and individuals who have a known association or relationship with an individual with a disability based on OUD.
However, the main exception to the ADA in this context is it does not provide legal protection to individuals who are engaged in current illegal drug use when an entity takes action against them because of that illegal drug use. Current illegal use of drugs means illegal drugs use that occurred recently enough to justify a reasonable belief that a person’s drug use is current or that continuing use is a real and ongoing problem. Illegal drug use does not include taking a medication under the supervision of a licensed health care professional.
It is always advisable to consult your employment attorney before taking action on situations involving the ADA and/or OUD in the workplace.
Add a comment
Subscribe
RSSTopics
- Employment Liability
- Labor Law
- Human Resources
- Equal Employment Opportunity Commission (EEOC)
- Department of Labor (DOL)
- Family Medical Leave Act (FMLA)
- Fair Labor Standards Act (FLSA)
- Employment Agreement
- Wage & Hour
- Employment Discrimination
- At Will Employment
- Minimum Wage
- National Labor Relations Act
- Noncompete Agreements
- Civil Rights
- National Labor Relations Board (NLRB)
- COVID-19
- Contract Employees
- Americans With Disabilities Act (ADA)
- National Labor Relations Board
- Coronavirus
- Tax Law
- Whistleblower Protection Act
- Regulatory Law
- Paid Medical Leave Act (PMLA)
- OSHA Issues
- Title VII
- Federal Trade Commission
- Civil Litigation
- Settlements
- Retaliation
- Sick Leave
- Unemployment Benefits
- Workplace Harassment
- Contracts
- Transgender Issues
- Accommodations
- First Amendment
- Hostile Work Environment
- Business Risk Management
- Public Education
- ERISA
- Workers' Compensation
- Cannabis
- Department of Justice
- Medicare Issues
- LGBTQ
- Class Actions
- Sexual Harassment
- Garnishments
- Social Media
- Retail Liability
- RICO
- Emergency Information
- Uniformed Services Employment and Reemployment Rights Act (USERRA)
- Department of Education (DOE)
- Title IX
- Medical Marijuana
- Right to Work
- Health Insurance Portability and Accountability Act (HIPAA)
- Diversity
- Union Organizing & Relations
Recent Updates
- Implementing the Pregnant Workers Fairness Act: Key Insights for Employers
- Federal Court Throws out DOL’s Attempt to Rewrite White Collar Overtime Rules
- Civil Rights Litigation Filed by Christian Employers Gets New Life Following Federal Appellate Court Ruling
- Michigan Supreme Court Clarifies Minimum Wage Decision
- Judge Strikes Down Federal Ban on Non-compete Agreements
- Michigan Employers Can Legally Resist Union Organizing Efforts
- Michigan Supreme Court Decision Reinstates Previous Versions of Wage Laws
- Union Power in Michigan: Is it Real or Imagined?
- Employers Should act Now to Address Rising DOL Salary Thresholds for Exempt Employees
- Is This the end of the Employee Non-Compete Clause?