Would "addiction" be a covered disability with ADA laws?

Question

I should be more clear. I am specifically wondering about not hiring someone who fails a drug screen.

Or about how much I need to accomodate someone who is dealing with treatment for an addiction.

Answer 1

The answer is yes, however, current illegal drug use is not a disability. The following explanation is from the Dept. of Justice website:

Q: Can I refuse to consider an applicant because of his current use of illegal drugs?

A: Yes, individuals who currently engage in the illegal use of drugs are specifically excluded from the definition of an "individual with a disability" when an employer takes action on the basis of their current use.

7. Q: What about applicants with a history of illegal drug use? Do they have rights under the ADA?

A: It depends. Casual drug use is not a disability under the ADA. Only individuals who are addicted to drugs, have a history of addiction, or who are regarded as being addicted have an impairment under the law. In order for an individual's drug addiction to be considered a disability under the ADA, it would have to pose a substantial limitation on one or more major life activities. In addition, the individual could not currently be using illegal drugs. Denying employment to job applicants solely because of a history of casual drug use would not raise ADA concerns. On the other hand, policies that screen out applicants because of a history of addiction or treatment for addiction must be carefully scrutinized to ensure that the policies are job-related and consistent with business necessity. If safety is asserted as a justification for such a policy, then the employer must be able to show that individuals excluded because of a history of drug addiction or treatment would pose a direct threat -- i.e., a significant risk of substantial harm -- to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation. Again, individuals who currently use illegal drugs, even users who are addicted, may be denied employment because of their current use.

Answer 2

According to the ADA, an addiction could be considered a disability if the person is being treated for it and it impacts a person's 2 or more Daily Life Activities, such as standing, walking, sitting, reaching, seeing, hearing, speech, cognitive, etc.

It is very rare that a person's addiction is considered a disability. Although, it is a medical condition and should be treated as one. Too bad many health insurance won't help cover the expenses.

Although, I believe the ADA refers to Alcohol addiction instead of drug addiction. (illegal or not)

Answer 3

No - unless you became addicted to a prescription substance your doctor prescibed for you as a result of a disease or condition that would already qualify you for disability. It would be a secondary thing only, you would have to qualify for disability through the diease or condition.

The person who was born with a disabling condition, or was disabled through an accident or as a result of a disease did not have a choice in their condition. The person who has an addiction to drugs made the choice to do the drugs. That's the difference.

Answer 4

I have never heard of that but I have SSD & they don't cover addictions Don't talk about at all if applying for SSD Leave out Rehabs in application

Answer 5

No. Addiction does not limit normal life activities.