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Published Online: 17 April 2019

Ten Years After the ADA Amendment Act (2008): The Relationship Between ADA Employment Discrimination and Substance Use Disorders

Abstract

Objective:

Title I of the Americans with Disabilities Act (ADA) provides protection against discrimination on the basis of disability. This article explores how the courts have dealt with provisions limiting these protections for persons with substance use disorders. Specifically, the ADA allows employees with substance use disorders to be held to the same standards as other employees, suggesting that employers may not be required to provide reasonable accommodations. Moreover, employees “currently engaging in the illegal use of drugs” are excluded from ADA coverage.

Methods:

This article reviewed all published federal appellate court opinions involving cases in which a substance use disorder was the basis for a claim of employment-related discrimination in violation of the ADA.

Results:

In 26 cases identified, the lower courts ruled in favor of the employer 25 times, and the appellate courts reversed four of these rulings. The cases highlight three important limitations of ADA protections for persons with substance use disorders: the dilemma of needing to prove that one’s substance use disorder limits major life activities while simultaneously arguing that one is qualified for the job; expansive interpretations of “current” drug use and the period of sobriety needed to qualify for ADA protections; and restrictions on the extent to which a qualifying disability can serve as a legal excuse for substance use–related misconduct.

Conclusions:

The protections afforded by the ADA for individuals with substance use disorders are restricted by what appears to be the statute’s moralizing on drug and alcohol use and those who use these substances.

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Information & Authors

Information

Published In

Go to Psychiatric Services
Go to Psychiatric Services

Cover: XXXX

Psychiatric Services
Pages: 596 - 603
PubMed: 30991909

History

Received: 17 December 2018
Revision received: 6 February 2019
Accepted: 22 February 2019
Published online: 17 April 2019
Published in print: July 01, 2019

Keywords

  1. Alcohol &amp
  2. drug abuse, Law &amp
  3. psychiatry

Authors

Details

Elie G. Aoun, M.D. [email protected]
Division of Law, Ethics, and Psychiatry (Aoun and Appelbaum) and Center for Research on Ethical, Legal, and Social Implications of Psychiatric, Neurologic, and Behavioral Genetics (Appelbaum), Department of Psychiatry, Columbia University College of Physicians and Surgeons, New York.
Paul S. Appelbaum, M.D.
Division of Law, Ethics, and Psychiatry (Aoun and Appelbaum) and Center for Research on Ethical, Legal, and Social Implications of Psychiatric, Neurologic, and Behavioral Genetics (Appelbaum), Department of Psychiatry, Columbia University College of Physicians and Surgeons, New York.

Notes

Send correspondence to Dr. Aoun ([email protected]).

Competing Interests

The authors report no financial relationships with commercial interests.

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