Understanding The ADA: Legal Protections For Employees In Recovery From Substance Abuse

Employers of all sizes are likely familiar with the following scenario: Human resources receives a complaint about an employee’s erratic or abnormal behavior. Upon investigating, the employer finds evidence suggesting that the employee is or was under the influence of alcohol and/or other illegal or controlled substances. An employer’s first thoughts are usually twofold: (1) this employee poses a safety risk to themselves and others, and (2) the company’s business and reputation may be damaged if the behavior goes unchecked. As a result, the employer may choose to discipline the employee pursuant to company policy for the suspected substance abuse. 

Given the conflict between safety and business concerns and the legal responsibilities and prohibitions under the ADA, employers must walk a fine line to ensure compliance without jeopardizing their business’s reputation or exposing it to unnecessary legal risk. While there is no prohibition on implementing and enforcing rules regarding a substance-free workplace, when an employer perceives or becomes aware of an employee’s issue with alcohol and/or drug use, there are certain actions it can take to limit ADA exposure while safeguarding its business and the safety of its employees.

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