Alaska Termination Letter - Substance Abuse
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How to fill out Termination Letter - Substance Abuse?
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FAQ
Three Levels of SeverityTwo or three symptoms indicate a mild substance use disorder; four or five symptoms indicate a moderate substance use disorder, and six or more symptoms indicate a severe substance use disorder. A severe SUD is also known as having an addiction.
' " Current illegal drug use is not protected, but recovering addicts are protected under the ADA.
It has long been clear that the Americans with Disabilities Act of 1990 (ADA) protects alcoholism if it qualifies as a disability.1 That said, courts have consistently held that employers can have legitimate work rules that prohibit alcohol use in the workforce.
Addiction is generally considered a disability because it is an impairment that affects brain and neurological functions. The ADA applies to addiction to alcohol and to the illegal use of drugs differently.
Individuals under the influence are substantially more likely to suffer serious injury that can cause disability, such as from a fall or a car accident. Substance abuse also worsens the symptoms of many mental and intellectual disorders, leading to more severe episodes and greater disability.
In short, yes. Diagnosable drug and alcohol addictions, or substance use disorders (SUDs), are considered disabilities under Section 504 of the Rehabilitation Act, the Americans with Disabilities Act (ADA), and Section 1557 of the Affordable Care Act.
So, yes, alcoholism is a disability under federal employment laws. Your employer has an obligation to provide you with a reasonable accommodation, should you request it.
Are Substance Use Disorders Considered Disabilities? In short, yes. Diagnosable drug and alcohol addictions, or substance use disorders (SUDs), are considered disabilities under Section 504 of the Rehabilitation Act, the Americans with Disabilities Act (ADA), and Section 1557 of the Affordable Care Act.
While substance abuse disorders are covered by the VA, they're not considered to be directly service-connected. However, they can be considered secondarily service-connected if the substance abuse disorder arose because of the service-connected condition.
For most privately-owned companies, previous employers may not disclose the results of a drug test on a background check. For most workers in the United States, their employer will never disclose a failed drug test. However, many government positions require this information and are permitted to seek it.
