Understanding when substance abuse is a disability
Abstract
During the course of a service year, program directors manage a variety of individuals with unique needs and circumstances. In the case of persons with disabilities, specific laws— such as the Americans with Disability Act and Section 504 of the Rehabilitation Act — will dictate administrative decisions. Viewing addiction as a disability may be a new way of thinking about this topic, and requires education about disabilities and substance abuse. This effective practice, submitted by the National Service Inclusion Project in February 2008, will help program directors and volunteer managers deal with members or volunteers with, or recovering from, addictions.Issue
An individual who is addicted to drugs is sometimes protected under Section 504 of the Rehabilitation Act because addiction sometimes results in a substantial limitation of life activities.Action
The following information is from the National Service Inclusion Project:Who is protected from discrimination?
- Someone who has a history of addiction to illegal substances who is successfully participating in a drug rehabilitation program
- A person who is perceived to have a drug addiction
Who is not protected?
- A person who is currently using illegal substances such as heroine, cocaine, methamphetamine, or marijuana
- Individuals currently illegally using legal substances such as someone else's prescription drug(s), underage use of alcohol, sniffing glue, cleaner or solvents to "get high"
Alcoholism
According to the Equal Employment Opportunity Commission (EEOC), alcoholism is considered an impairment. Therefore, a person with alcoholism who is substantially limited in a major life activity is regarded as a person with a disability under the Americans with Disability Act (ADA).
However, even if a person with alcoholism meets the definition of disability, an organization may discipline, discharge, or deny a service position to an individual who is an alcoholic whose current use of alcohol adversely affects job performance or conduct to the extent that they are not "qualified" for the position they are applying or hold. (EEOC, 1992)
Dealing with People in Recovery
- Require that service members who illegally use drugs or alcohol meet the same qualifications and performance standards applied to other service members.
- Unsatisfactory behavior such as absenteeism, tardiness, poor job performance, or accidents, caused by alcohol or illegal drug use, need not be accepted or accommodated.
- Of course, the use of drugs (other than those prescribed by a medical professional) or alcohol at the service site is never acceptable.
Reasonable Accommodations
Accommodation ideas for service members and volunteers who are in recovery can vary. Examples include the following:
- A modified work schedule to permit an individual to attend an ongoing self-help program (as long as the service member or volunteer is qualified for the position to which she/he enrolled)
- Reasonable accommodations should be made on a case-by-case basis, considering each individual's abilities and accommodation needs.
See the National Service Inclusion's Fact Sheet, "Substance Abuse and Disability" for more information and examples.
Citation
Adapted from Creating an Inclusive Environment: A Handbook for the Inclusion of People with Disabilities in National and Community Service Programs (The Corporation for National and Community Service, 2004)Posted On
March 13, 2008For More Information
Resources
Read the Fact Sheet by the National Service Inclusion Project: Substance Abuse and Disability.
Organizations and agencies are encouraged to contact Job Accommodation Network.