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Addiction and the Americans with Disabilities Act
1New York University School of Medicine, Department of Psychiatry, Division on Alcoholism and Drug Abuse, NY, USA.
The Journal of the American Academy of Psychiatry and the Law
|October 17, 2002
Summary
The Americans with Disabilities Act (ADA) offers limited protection for individuals with addiction disorders, often denying them fair employment opportunities due to restrictive criteria and interpretations.
Area of Science:
- Law and Society
- Public Health
- Disability Studies
Background:
- The Americans with Disabilities Act (ADA) was enacted in 1990 to prohibit discrimination against individuals with disabilities.
- While intended to be broad, ADA protection for those with addiction disorders is limited.
- Discrimination against addicted individuals persists, impacting both the individuals and society.
Purpose of the Study:
- To analyze the extent to which the ADA protects individuals with addiction disorders.
- To identify the exclusionary criteria and restrictive interpretations limiting ADA protection for addicted individuals.
- To examine the societal and individual consequences of employment discrimination against qualified individuals with addictions.
Main Methods:
- Legal analysis of the Americans with Disabilities Act (ADA) provisions.
- Review of case law concerning ADA protection for addiction disorders.
- Examination of societal and economic impacts of employment discrimination.
Main Results:
- The ADA's exclusionary criteria and restrictive judicial interpretations significantly limit its protection for individuals with addiction disorders.
- Qualified individuals with addictions are frequently denied employment due to unfair discriminatory practices and stigma.
- The failure to provide adequate ADA protection results in lost benefits for individuals and society.
Conclusions:
- The ADA, in its current form, falls short of preventing discrimination against individuals with addiction disorders.
- Revisions to the ADA and its interpretations are needed to ensure equitable employment opportunities for addicted individuals.
- Addressing discrimination against those with addictions aligns with the ADA's civil rights mandate and benefits society.
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