Is Drug Addiction Considered a Disability?

Dependence on alcohol or drugs can impair a person’s ability to work, attend school, maintain relationships, and lead a productive life. There’s no question that this condition can be devastating. But is addiction a disability?

Is Drug Addiction a Disability? 

Disability is a common term, but its definition can vary significantly depending on the context.

For the purposes of this post, we are going to consider the question “Is addiction a disability?” from a legal perspective. In the United States, one legal definition of disability can be found in the Americans with Disabilities Act (ADA), which was signed into law in 1990.

The ADA protects individuals from discrimination based on disability. According to the ADA website, a person is considered disabled if they meet one or more of the following criteria:

• They have a physical or mental impairment that substantially limits one or more major life activities.
• They have a history or record of such an impairment (such as cancer that is in remission).
• Others may perceive them as having an impairment, such as a person with visible scars from a severe
  burn.

Substance use disorders, or addiction, are mental impairments that can severely limit key life functions. This means that, as established by the ADA, the answer to the question, “Is addiction a disability?” is yes. 

It is important to understand that the ADA only applies to certain situations. Here’s how the scope and limitations of the law are summarized on the ADA website:

The ADA guarantees that people with disabilities have the same opportunities as everyone else to enjoy employment opportunities, purchase goods and services, and participate in state and local government programs.

Many aspects of modern life extend beyond employment, consumer activities, and government programs. The ADA addresses some of these aspects, while others fall under state and local government regulations. So, is addiction a disability in California (or any other state)? Under the ADA, the answer is still yes. But the level of protection a person can expect can vary from state to state.

Drug Addiction Employee Rights

Under the ADA, people who have substance use disorders have certain rights as employees and as candidates for jobs. Neither the ADA nor any U.S. law guarantees continued employment for those actively abusing alcohol or drugs.

Is it Against the Law to Fire a Drug Addict?

Under the ADA, you cannot be fired solely due to addiction. However, your employer can terminate you for using alcohol or drugs at work or failing a drug screening.

Here are examples showing how the law distinguishes between having a substance use disorder and engaging in substance abuse:

• An employer or interviewer cannot legally fire or reject you based on your history of addiction treatment.
• Drug or alcohol use at work or failing a drug test can lead to dismissal.

Can You Get Paid Disability for Having an Addiction?

If you live in California, you may be able to receive short-term disability payments through the California State Disability Insurance (CASDI) program while you are receiving treatment for addiction.

According to the State of California Employment Development Department, eligible employees may qualify for the following benefits:

• You can get up to 30 days of DI benefits for staying in an approved alcohol treatment facility.
• You can get up to 45 days of DI benefits for staying in a licensed residential rehab facility.
• In some cases, you may qualify for an additional 60 days of alcohol treatment and 45 days of drug rehab.

To qualify, you must have a California-based job and contribute to the CASDI program.

The federal government does not offer a similar program. However, if you qualify under the Family and Medical Leave Act (FMLA), you may receive up to 12 weeks of unpaid leave (and the continuance of your group insurance benefits while you are not working) to receive addiction treatment. 

How is Substance Abuse Treated Differently than Other Disabilities?

Legally, the key difference between substance use disorders and other disabilities is the distinction between addiction and substance abuse.

As mentioned earlier, the ADA does not protect you from negative repercussions, including job loss, due to active substance abuse. Employers have the right to mandate a drug-free workplace. They can also require employees to complete drug screenings.

Contact Our Addiction Treatment Center in California Today

If you or someone you care about is struggling with addiction to alcohol or drugs, Sanctuary Treatment Center can help. Our center provides multiple levels of personalized care, including detoxification, inpatient treatment, and outpatient programming. At every level, our clients receive compassionate services from a team of dedicated professionals. Contact us today to learn more.