Laws on Drug Use in the Workplace and Away From Work

Companies can fire employees who are currently engaging in the illegal use of drugs, or fail to meet standards of performance or conduct related to drug and alcohol use. Even though the ADA protects employees in rehab and recovery, the workspace may treat returnees differently. These treatments may include triggering behaviors, work pressure, critics from supervisors, and challenging colleagues. Therefore, it is essential to carefully and efficiently reintegrate into the system during recovery. It is much easier and convenient to contact a medical practitioner on how to get the best support for addiction than to get fired for drinking on the job or using drugs.

Is Alcoholism Covered Under ADA?

Many employees properly use prescribed or over-the-counter drugs, such as sleeping aids, cold medicine, or painkillers. Most employers sensibly believe that this is none of their business, as long as the drugs don’t impair the employee’s job performance. The ADA doesn’t allow employers to make an employment decision based solely on the fact that an employee is an signs of drug use alcoholic.

Job Interview & How to Present an Alcohol-Related Termination

Among those laws are the Americans with Disabilities Act (ADA), the Rehabilitation Act of 1973, the Fair Housing Act (FHA), the Family and Medical Leave Act (FMLA), and the Workforce Investment Act (WIA). A doctor, therapist, or other medical professional can help determine the best treatment plan for your loved one. In addition, many behavioral therapies include family counseling, which will allow you to confront the problems with your loved one. The best course of action you can take now before attempting an involuntary commitment is to help your loved one seek treatment on their own. Look for treatment centers that might appeal to them in terms of the location or the services provided, such as legal services, family counseling, educational help, medical treatments, and mental health services. And if finances prevent them from getting treatment, there are options for using public assistance for rehab.

• However, if you feel compelled to answer, be candid about your experience and give the interviewer concrete examples to show your improvement and desire to follow drug-free workplace rules.
• Workplace Fairness notes that drug testing laws vary by state, so always make sure you follow your state’s procedure.
• Rep. Earl Blumenauer, a Democrat from Oregon who co-chairs the Congressional Cannabis Caucus, said in a statement, “What’s happening now is a vivid illustration of unrealistic, unfair, and out of touch cannabis policies.

Involuntary Rehab: Can You Force Someone Into Rehab?

Create scenarios that make it challenging for the person to continue their behavior. Instead of complaining about the person, clearly explain how their actions are causing issues for everyone in the workplace. Sometimes, addressing workplace concerns becomes necessary, but handling them ethically and professionally is crucial. If you find yourself in a situation where you believe someone’s actions warrant employment consequences, it’s important to approach the matter responsibly. If you tell management about something that leads to someone being fired, it’s the company’s decision.

Outpatient programs for alcohol and drug use involve attending treatment sessions at a rehab facility while continuing to live at home. These programs give you the flexibility to continue working and fulfilling other responsibilities while going to rehab. If you have a medical condition that causes symptoms similar to intoxication and your employer singles you out for drug testing or disciplinary action, they can be charged with discrimination. Maybe you bonded with someone at the job or you have a friend or relative you’ve talked to before who has your best interest at heart. Opening up about drug/alcohol use or mental health to someone with similar experiences can allow you to feel supported. At this stage, an employer may only make disability-related inquiries and require medical exams if they are job-related and consistent with business necessity.