ADA Frequently Asked Questions

Category: General

If a person is experiencing discrimination due to drug or alcohol addiction, are they protected under the ADA from disability discrimination?

 Typically, yes if a person is not currently illegally using drugs. A person is covered under the ADA if they meet at least one part of the definition of disability:

1. Physical or mental impairment that substantially limits one or more major life activities (i.e. an individual with a current addiction to alcohol);
2. History of such an impairment (i.e. a sober individual in recovery from the illegal use of drugs or alcohol); or
3. Regarded as having such an impairment (i.e. a person is assumed to be addicted to drugs or alcohol).

Major life activities can include things like walking, seeing, hearing, communicating, learning, working, etc. as well as the operation of bodily functions (e.g. circulatory, neurological, respiratory).

Addiction is generally considered a disability because it is an impairment that affects brain and neurological functions.

While both drug and alcohol addiction can be considered disabilities under the ADA, the law’s protections can apply differently depending on whether the person is currently using:

• Alcoholism: Generally considered a disability and protected against discrimination whether the use of alcohol is in the present or in the past
• Illegal Drug Use/Addiction: Only protected against discrimination when a person is no longer engaging in the illegal use of drugs.

Coverage under the ADA does not mean a person is exempt from laws regarding public intoxication, driving while under the influence, or drug and alcohol policies in the workplace.

Resource(s):
The ADA, Addiction, Recovery, and Employment