In addition to Social Security issues, something else important to include in the conversation about whether or not alcoholism and drug addiction are disabilities is the Americans with Disabilities Act or the ADA. The ADA defines alcoholism and drug addiction as disabilities.
Is an addiction considered a disability?
The ADA provides that any employee or job applicant who is “currently engaging” in the illegal use of drugs is not a “qualified individual with a disability.” Therefore, an employee who illegally uses drugs—whether the employee is a casual user or an addict—is not protected by the ADA if the employer acts on the …
Is Drug Addiction a disability under the ADA?
A: It depends. Casual drug use is not a disability under the ADA. Only individuals who are addicted to drugs, have a history of addiction, or who are regarded as being addicted have an impairment under the law.
Do drug addicts qualify for disability?
You can’t receive Social Security disability benefits based on drug addiction even if your dependence on drugs makes it impossible for you to work. So if drug addiction is your only impairment, you don’t qualify for disability benefits.
Is it against the law to fire a drug addict?
While employers are free to terminate and can refuse to hire anyone whose alcohol or drug use impairs their ability to perform the duties of their job, employers cannot fire or take other negative employment actions against an employee because of their status as an alcoholic or drug addict. California and federal laws …
Can you be fired for being a recovering addict?
The Americans with Disabilities Act (ADA) protects individuals in addiction recovery from being discriminated against in the workplace. This means that your employer can’t fire you based on your decision to attend rehab.
What disabilities are not covered by the ADA?
An individual with epilepsy, paralysis, a substantial hearing or visual impairment, mental retardation, or a learning disability would be covered, but an individual with a minor, nonchronic condition of short duration, such as a sprain, infection, or broken limb, generally would not be covered.
What is the most common type of substance use disorder?
Alcohol use disorder is still the most common form of substance use disorder in America, fueled by widespread legal access and social approval of moderate drinking. Many Americans begin drinking at an early age.
What are the two most commonly used substances in work settings?
The most common illicit drugs abused on the job are marijuana and cocaine. Drug abuse and addiction cost American companies $81 billion every year.
Can you apply for disability for anxiety?
Anxiety disorders involving phobias, panic disorders, post-traumatic stress disorder (PTSD), obsessive-compulsive disorder (OCD), and generalized anxiety can qualify for Social Security disability benefits if they are well documented and severely debilitating.
Is drug addiction genetic?
While the environment a person grows up in, along with a person’s behavior, influences whether he or she becomes addicted to drugs, genetics plays a key role as well. Scientists estimate that genetic factors account for 40 to 60 percent of a person’s vulnerability to addiction.
What can qualify you for disability?
To qualify for Social Security disability benefits, you must first have worked in jobs covered by Social Security. Then you must have a medical condition that meets Social Security’s definition of disability.
Can you get fired for doing coke?
While it is true that employees guilty of drug use, even outside work, leave themselves exposed to dismissal on grounds of either capability, conduct or “some other substantial reason” (especially if use of the drugs in question is itself illegal) that decision cannot be automatic.
Can a company fire you for drugs?
Depending on your company’s policy, failing a drug test could lead to disciplinary action or you being dismissed. If your company has a zero tolerance policy to drugs, just the positive test could be seen as ‘gross misconduct’ and you could be dismissed immediately or suspended while there is an investigation.
Can you be fired for drugs?
Rather, the Full Bench observed that where an employee works in a safety-sensitive industry and breaches a drug and alcohol policy by attending work and providing a positive urine test, employers may be justified in terminating their employment, even in the absence of any apparent impairment.