Does the ADA protect people with substance abuse disorders?
It depends on whether the individual is currently illegally using drugs. The employment provisions of the ADA protect qualified individuals with a disability. See section A-7. What is considered illegal drug use? The illegal use of drugs include the use, possession, or distribution of drugs which are unlawful under the Controlled Substances Act. It includes the use of illegal drugs and the misuse of prescription drugs that are “controlled substances”. The illegal use of drugs does not include drugs taken under supervision of a licensed health care professional, including experimental drugs for people with AIDS, epilepsy, or mental illness. What does current drug use mean? An individual will be considered a current drug user under the ADA if a drug test correctly indicates that the individual is engaging in the illegal use of a controlled substance. “Current” drug use also means that the illegal use of drugs occurred recently enough to justify an employer’s reasonable belief that involv
