Are employees undergoing treatment for drug and alcohol addictions covered under the ADA?

Although alcoholism and drug addiction may both be disabilities under the Americans with Disabilities Act (ADA), they are, in some respects, treated differently. An alcoholic is generally a person with a disability under the ADA, whereas someone who is addicted to drugs is protected under the ADA only if he or she is not currently using illegal drugs.

According to the Equal Employment Opportunity Commission's (EEOC's) Technical Assistance Manual: Title I of the ADA, "A person who currently uses alcohol is not automatically denied protection simply because of the alcohol use. An alcoholic is a person with a disability under the ADA and may be entitled to consideration of accommodation, if s/he is qualified to perform the essential functions of a job. However, an employer may discipline, discharge or deny employment to an alcoholic whose use of alcohol adversely affects job performance or conduct to the extent that s/he is not 'qualified.' "

Current illegal drug use is not protected, but recovering addicts are protected under the ADA. According to the EEOC's manual, "Persons addicted to drugs, but who are no longer using drugs illegally and are receiving treatment for drug addiction or who have been rehabilitated successfully, are protected by the ADA from discrimination on the basis of past drug addiction." However, a drug test that shows the employee is using an illicit substance qualifies as "illegal drug use" and bars him or her from ADA protections.

In both cases, employers can hold the individuals to the performance standards applicable to their jobs, and an employer may prohibit the use of drugs and alcohol in the workplace and require that employees not be under the influence of alcohol or drugs in the workplace.