Tennessee Termination Letter (Substance Abuse)
Description
How to fill out Termination Letter (Substance Abuse)?
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FAQ
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.
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.
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.
' " Current illegal drug use is not protected, but recovering addicts are protected under the ADA.
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.
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.
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.
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.
Q: Are individuals with alcohol use disorder covered by the ADA? A. Yes. While a current illegal user of drugs is not protected by the ADA if an employer acts on the basis of such use, a person who currently uses alcohol is not automatically denied protection.
According to the National Institute on Drug Abuse (NIDA) drug addiction is classified as a mental illness because addiction changes the brain in fundamental ways, disturbing a person's normal hierarchy of needs and desires, and substituting new priorities connected with procuring and using drugs.
