SUBSTANCE-ABUSE AND THE ADA - WHAT EVERY EMPLOYER SHOULD KNOW

Prior to the passage of the Americans with Disabilities Act (ADA), a s ignificant topic of congressional debate was what, if any, substance a buse addictions should be considered disabilities. As a result of thos e lengthy discussions, the final version of the ADA covers current alc oholics and recovered drug addicts. The statute, however, explicitly e xempts from coverage persons ''currently engaged in the illegal use of drugs.'' Since the ADA's enactment, the courts have given employers s ome guidance with regard to what they may or may not do when faced wit h an employee who has a substance abuse problem, especially in the are as of drug testing or coping with an employee's performance problems. Certain other issues, such as the exact definitions of ''current'' and the ''illegal use'' of prescription drugs still are relatively unsett led. This article offers some practical advice and cautionary tips to help employers keep from unwittingly violating an employee's rights un der the ADA.