The Southwest ADA Center is a program of ILRU (Independent Living Research Utilization) at TIRR Memorial Hermann in Houston, Texas. Shepherd, Suite 1000 Houston, Texas 77019 713.520.0232 800.949.4232 Southwest ADA Center is part of a national network of ten regional ADA Centers that provide up-to-date information, referrals, resources, and training on the Americans with Disabilities Act (ADA).
It is funded by a grant (#H133A110027) from the Department of Education’s National Institute on Disability and Rehabilitation Research (NIDRR). The centers serve a variety of audiences, including businesses, employers, government entities, and individuals with disabilities.
In order for a person to be substantially limited because of drug use, s/he must be addicted to the drug.
36.302 Modifications in policies, practices, or procedures. The provisions of this rule and 49 CFR part 39 are intended to be substantively consistent with one another.The Circuit Courts of Appeals have held that a person can still be considered a current user even if he or she has not used drugs for a number of weeks or even months. El Paso Healthcare Systems, Ltd., the court held that the employee, a pharmacist, was a current user because he had used cocaine five weeks prior to his notification that he was going to be discharged. Circuit City Stores, Inc., In concluding that the plaintiff was still a current illegal drug user, the court noted that the ordinary or natural meaning of the phrase currently using drugs does not require that a drug user have a heroin syringe in his arm or a marijuana bong to his mouth at the exact moment contemplated. A question sometimes arises as to whether a drug addicted employee who breaks the company rules can, before being disciplined, enroll in a supervised drug rehabilitation program, and then claim ADA protection as a former drug addict who no longer illegally uses drugs. This provision actually serves as something of a disincentive to employers to offer rehabilitation and other services to employees before addressing any substantive performance problems. specifically permits employers to ensure that the workplace is free from the illegal use of drugs and the use of alcohol, and to comply with other federal laws and regulations regarding drug and alcohol use. At the same time, the ADA provides limited protection from discrimination for recovering drug abusers and for alcoholics.[A] person who casually used drugs illegally in the past, but did not become addicted is not an individual with a disability based on the past drug use.