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Legal Protections for People With Disabilities


  • Alcoholism. Alcoholism is a disability covered by the ADA. This means that an employer cannot fire or discipline a worker simply because he is an alcoholic. However, an employer can fire or discipline an alcoholic worker for failing to meet work-related performance and behavior standards imposed on all employees -- even if the worker fails to meet these standards because of his drinking.
  • Illegal Drug Use. The ADA does not protect employees who currently use or are addicted to illegal drugs. These workers are not considered "disabled" within the meaning of the law, and therefore don't have the right to be free from discrimination or to receive a reasonable accommodation. However, the ADA does cover workers who are no longer using drugs and have successfully completed (or are currently participating in) a supervised drug rehabilitation program.
  • Use of Legal Drugs. If an employee is taking prescription medication or over-the-counter drugs to treat a disability, you may have to accommodate that employee?s use of drugs and the side effects that the drugs have on the employee. However, you do not have to accommodate legal drug use if you cannot find a reasonable accommodation.
Copyright 2005 Nolo

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