Utah Termination Letter (Substance Abuse)
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How to fill out Termination Letter (Substance Abuse)?
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FAQ
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.
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.
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.
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.
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.
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.
' " Current illegal drug use is not protected, but recovering addicts are protected under the ADA.
Under the ADA, individuals who abuse alcohol may be considered disabled if the person is an alcoholic or a recovering alcoholic. Indeed, alcoholism can result in the fairly obvious impairment of major life activities such as walking, standing, and thinking.
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.
