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Ten Years After the ADA Amendment Act (2008): The Relationship Between ADA Employment Discrimination and Substance
Elie G Aoun1, Paul S Appelbaum1
1Division of Law, Ethics, and Psychiatry (Aoun and Appelbaum) and Center for Research on Ethical, Legal, and Social Implications of Psychiatric, Neurologic, and Behavioral Genetics (Appelbaum), Department of Psychiatry, Columbia University College of Physicians and Surgeons, New York.
Psychiatric Services (Washington, D.C.)
|April 18, 2019
Summary
The Americans with Disabilities Act (ADA) offers limited protection for employees with substance use disorders. Courts often rule against these employees, citing drug use exclusions and strict interpretations of disability and misconduct.
Area of Science:
- Employment Law
- Disability Rights
- Substance Use Disorders
Background:
- Title I of the Americans with Disabilities Act (ADA) prohibits disability discrimination.
- Specific provisions address limitations for individuals with substance use disorders (SUDs).
Purpose of the Study:
- To analyze court interpretations of ADA protections for employees with SUDs.
- To identify limitations and challenges in ADA claims related to substance use.
Main Methods:
- Systematic review of federal appellate court decisions.
- Analysis of cases involving employment discrimination claims based on SUDs under the ADA.
Main Results:
- 26 cases reviewed; employers prevailed in 25 at the lower court level.
- Appellate courts reversed 4 employer rulings.
- Key limitations include proving disability while job-qualified, defining "current" drug use, and excusing misconduct.
Conclusions:
- ADA protections for individuals with SUDs are significantly restricted.
- Judicial interpretations reflect a moralizing stance on substance use.
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