Substance Abusers
Substance abusers are individuals who use illegal drugs or acquire over-the-counter medicines that are otherwise legal. They are used for unlawful purposes or purposes other than for which they are meant to be used. Even the use of prescribed or legal drugs in overabundance may lead to substance abuse. Substance abuse may lead to emotional, social, and physical problems and is harmful to oneself and society. It leads to substance abuse-related disorder and initiates anti social and even criminal behavior. Prolonged usage of these drugs may lead to personality disorders. Abuse is different from addiction as abuse is the initial stage when an individual starts the use, and addiction is when they cannot live without it, addiction is a severe problem. It must be dealt with carefully with the help of rehabs and consultants.
Americans with Disabilities Act (ADA)
ADA was enacted in 1990 with the goal of ensuring that persons with disabilities have the same rights and possibilities as everyone else in society. It protects people suffering from health impairments or any other kinds of difficulties. This is the essential American enactment for the protection of civil rights. The Act’s provisions prevent any employer in the United States, having more than fifteen employees, from discriminating against any accomplished job applicant or employee solely based on physical disability. Nevertheless, the Act hinders the employer from adopting a drug-free work environment, nor does it provide individual rights or protections to users of illegal drugs.
The Act states that it is illegal for an employer to discriminate against recovering alcoholics or those who have already sought rehab or any other form of treatment to do away from their addiction. The terms of the act state that an employer cannot fire, deny hiring, or promotion of an individual only based on having a history of substance abuse or if they have registered themselves with a drug or alcohol rehab program. The drug testing process has to be conducted with high precautions and not single out an employee only for his/her behavior like an addict. The symptoms of addiction are many times similar to physical diseases or mental disabilities. The employer must also refrain from asking the applicants about their legal prescriptions before hiring.
When are Drug Users Covered Under the ADA?
The Act’s provisions clearly state that any person, whether an employee or a job applicant, shall not be a qualified individual if they are currently engaged in using any illegal substance. They do not qualify as having a disability. Current users of drugs, whether casual or addicts, are not protected under the provisions of this Act. If the employer uses this not to hire or promote an employee is not said to have committed an illegal act. The persons covered under these provisions include:
People how have taken help and have successfully rehabilitated and are no longer involved in illegal substances.
Persons who are currently in rehab but are no longer engaged in the usage.
They have been regarded as users of illegal drugs due to some error.
The Act also states that a former drug addict shall be considered eligible, but a former casual user shall not.
Pre-appointment Inquiries About Substance Abuse
An employer in the pre-employment and pre-offer phase may ask the applicant if they consume alcohol or if they currently are using any illegal drugs. However, they are not allowed to ask the applicant if they are an addict or an alcoholic. There is a detailed guideline in the EEOC that provides a list of questions to be asked or avoided. After delivering the conditional offer, the employer may ask about the applicant’s history, and he/she may not use the same to the employee’s disadvantage.
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