KNOW YOUR WORKPLACE LEGAL RIGHTS
This first link is a PDF graphic of rights in the workplace from NIH, specifically related to opioid use but relevant for all substance use.
https://tools.niehs.nih.gov/wetp/public/hasl_get_blob.cfm?ID=11581
The article below discusses the basics of the ADA and people who use drugs.
“Sharing the Dream: Is the ADA Accommodating All?”
“An individual who is currently engaging in the illegal use of drugs is not an individual with a disability when the employer acts on the basis of such use.
An employer may not discriminate against a person who has a history of drug addiction but who is not currently using drugs and who has been rehabilitated.
An employer may prohibit the illegal use of drugs and the use of alcohol at the workplace.
It is not a violation of the ADA for an employer to give tests for the illegal use of drugs.
An employer may discharge or deny employment to persons who currently engage in the illegal use of drugs.
Employees who use drugs or alcohol may be required to meet the same standards of performance and conduct that are set for other employees.
Employees may be required to follow the Drug-Free Workplace Act of 1988 and rules set by federal agencies pertaining to drug and alcohol use in the workplace.[5]”
JSYK.
Workplace Drug Testing | American Civil Liberties Union
“Drug tests don’t prevent accidents because they don’t address the root problems that lead to substance abuse. But good management and counseling can. Employee assistance programs (EAPs) help people facing emotional, health, financial or substance abuse problems that can affect job performance. EAP counselors decide what type of help is needed: staff support, inpatient treatment, AA meetings, and the like. In this context, the goal is rehabilitation and wellness – not punishment.
Employers need to kick the drug test habit.”
– excerpt summary of above ACLU article
