ADA & Rehabilitation Act
The Americans with Disabilities Act (ADA) prohibits employment discrimination against employees and applicants with disabilities in organizations that employ 15 or more employees. The term "disability" means an individual has a physical or mental impairment that substantially limits one or more of his/her major life activities
or there is a record of such an impairment
or an individual is regarded as having such an impairment. The
Equal Employment Opportunity Commission (EEOC) oversees application of the ADA.
Section 503 of the Rehabilitation Act of 1973 also prohibits discrimination against qualified individuals with disabilities by contractors and subcontractors with the Federal government. The requirements regarding drug and alcohol use under the two laws are identical.
The ADA and the Rehabilitation Act of 1973 affect drug and alcohol policies. Individuals
currently engaging in the illegal use of drugs are not "individuals with a disability" when the employer acts on the basis of such use. "Currently" means that the illegal use of drugs "occurred recently enough to justify the employer’s reasonable belief that involvement with drugs is an ongoing problem."
Some relevant issues include:
1) Employers may not discriminate against drug addicts who are not currently using drugs and have been rehabilitated or have a history of drug addiction.
2) Employers may not discriminate against drug addicts who are currently in a rehabilitation program. (The EEOC has clarified that a rehabilitation program includes inpatient or outpatient programs, Employee Assistance Programs, or recognized self-help programs such as Narcotics Anonymous.)
3) Reasonable accommodation efforts, such as allowing time off for medical care, self-help programs, etc., must be extended to rehabilitated drug addicts or individuals undergoing rehabilitation.
4) The ADA does not protect casual drug users; but individuals with a record of addiction, or who are erroneously perceived as being addicts, would be covered by the guidelines.
http://www.dol.gov/elaws/asp/drugfree/drugs/ada.asp