How to Tell Your Employer About Your Addiction Problem [Guide]

Before You Speak to Your Employer

Many are not aware of the legal and healthcare protections for those struggling with addiction. Some employees believe that their job is over if their employer finds out about their addiction.

The best step that employees can take to protect themselves and their careers are to get help. Before making any moves, you must know your rights from a legal and health perspective.

Once you are aware and know these important details, you might decide that disclosing your addiction problem to your employer is the right decision for you.

Please note that unless you are ready to take steps to treat your drug or alcohol addiction, telling your employer will not help you. The idea is that you inform your employer while you are currently enrolled in a treatment program. Your employer then can support you as you address the addiction problem.

Drugs in the Workplace

There are certain acts and legal procedures that discuss drugs in the workplace. For example, title 1 of the Americans with disabilities act discusses drug abuse in the workplace. This act allows employers to ensure that their workplace is free of illegal drug use and alcohol use. They must follow this rule and other federal laws and regulations that concern drug abuse.

However, although there are certain regulations for drug use in the workplace, there are few users. The ADA only has limited protections for discrimination against those recovering from drugs and alcohol.

Below we will go over the current legal requirements for employers and their employees.

• An individual currently engaging in illegal drugs is not an “individual with a disability” when the employer acts based on 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 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 illegal drugs.
• Employees who use drugs or alcohol may be required to meet the same performance and conduct standards set for other employees.
• Employees may be required to follow the Drug-Free Workplace Act of 1988 and rules set by federal agencies about drug and alcohol use in the workplace.

Who is Protected Under ADA Guidelines?

Under the ADA, certain people are not protected. For example, if someone is actively engaging in illegal drug use, they are not a qualified person with a disability.

So, this means that if an employee is illegally using drugs- whether they are an addict or just a casual user they are not protected. This means the employer could fire them because they are not protected under the ADA. Employers are not violating any regulations by having random drug tests or requiring the employee to take one before getting the job. These rules help them enforce the rule of no illegal drug use in the workplace.

But, the ADA does protect some employees. Those will provide protections under the ADA must meet the following criteria:

• Those who have been successfully rehabilitated and no longer engaged in the illegal use of drugs are protected.
• Those who are currently participating in a rehabilitation program and no longer engage in the illegal use of drugs; and
• Those are regarded, erroneously, as illegally using drugs

A former drug addict may be protected, but it depends on the circumstances. Because it could be considered a limiting impairment. But the ADA, according to the EEOC Technical assistance manual, a former casual drug user is not protected.

Will Going to a Drug and Alcohol Treatment Program Protect My Job?

It’s a pretty common question where an employee wonders if they can enroll in a drug and alcohol treatment program before being found out and disciplined or terminated.

If you’ve already been drug tested and your employer has found illegal drugs in your system, there may be a problem. A person who tests positive for the use of illegal drugs is not entitled to the same protections given to actual former users who have been or those currently in rehabilitation.

If the employee tests positive for drugs, they may not enter a treatment program to get out of being terminated. However, this is up to the discretion of the employer. Some employers may work with you if you’re upfront and honest, while others elect to terminate immediately.

One of the most important requirements of the ADA is to provide reasonable accommodations to qualified individuals with disabilities. If a person struggling with addiction is in recovery and not currently using illegal drugs, they may be entitled to reasonable accommodations. These accommodations usually include a modified work schedule so that the employee can go to meetings.

The employee may also take a leave of absence to seek treatment. However, a leave of absence must be communicated and taken before the employee has been caught with a dirty test or found to be using drugs while on work property. It is only a protected case when the employee is already enrolled in treatment.