The Americans with Disabilities Act, ADA, Alcoholism and Drug Addiction:
The ADA specifically names three conditions as being covered regardless of their severity.  They are:
HIV
Alcoholism
Drug addiction
The ADA protects individuals who are recovering from drug addiction or disclose alcoholism from job discrimination.
The ADA does not protect individuals who currently use drugs illegally.
Tests to determine whether and/or how much alcohol an individual has consumed are considered medical exams.  
Urine or breath tests that detect the use of alcohol cannot be done prior to a conditional offer of employment or cannot be required of an employee unless the test is job related and required by business necessity.  (Reference the "Before you Initiate a Fitness for Duty Exam" handout.)
The ADA specifically permits an employer to hold employees who abuse alcohol to the same performance and conduct standards applicable to all employees, even if that employee's problems are related to the alcohol abuse.
What accommodations do individuals with alcohol & drug problems need?
Accommodations for individuals in recovery from a drug or alcohol problem will vary depending upon the requirements of their jobs and their length of time in recovery.
Involvement in some type of continuing care program may require some accommodation.  Examples of necessary accommodations could include:
A modified work schedule to permit an employee to pick up their daily methadone dosage or to attend an outpatient relapse prevention counseling session.
Job restructuring to relieve an employee of particular marginal tasks that may compromise recovery or be inappropriate in the early stages of recovery.
Temporary reassignment of an employee in a safety-related position to a vacant non-safety sensitive position while he or she completes treatment.  
Some employees will need no accommodation, but simply a change in attitude regarding what an individual with a past drug or alcohol impairment can do.
This document is available in alternative formats upon request.   
May 27, 1999
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