Indiana Termination Letter (Substance Abuse)
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How to fill out Termination Letter (Substance Abuse)?
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FAQ
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.
You may need to enlist the guidance of a professional to help you with this. In the US, your employer can discipline or fire you if your alcohol or drug use impairs your ability to do your job. However, employers cannot discipline or fire you simply because you tell them you have a substance problem.
2) Does an individual in treatment or recovery from opioid use disorder have a disability under the ADA? Typically, yes, unless the individual is currently engaged in illegal drug use.
While it is unlawful for an employer to fire an employee solely because he is an alcoholic, a company may fire a person for unacceptable behavior, such as a safety lapse, violation of company rules or repeated absence, even if the behavior is caused by alcoholism.
' " Current illegal drug use is not protected, but recovering addicts are protected under the ADA.
Acceptable Reasons for TerminationIncompetence, including lack of productivity or poor quality of work.Insubordination and related issues such as dishonesty or breaking company rules.Attendance issues, such as frequent absences or chronic tardiness.Theft or other criminal behavior including revealing trade secrets.More items...
Addiction is considered to be a disability and, as such, an employee cannot be fired for being addicted to substances such as drugs or alcohol. In fact, employers are required to accommodate employees who suffer from addiction to the point of undue hardship.
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.
