Substance Use and Workplace Discrimination
As the use of drugs, alcohol, and other substances in the workplace is becoming increasingly more common, it is important to understand the legal and ethical implications of workplace discrimination related to substance use.
Substance Use Disorder and the ADA
Substance Use Disorder (SUD) is considered a disability under the Americans with Disabilities Act (ADA). Depending on the substance in question, a person may be considered to have a disability if they have stopped misusing the substance and are in active recovery. Additionally, individuals who use legally prescribed medication to treat their SUD, such as Suboxone or Methadone, are also considered to have a disability by the ADA.
Explore the various socioeconomic, cultural, and political factors that contribute to minority groups disproportionately impacted by substance use.
Researchers at Harvard University found that media coverage of the "Opioid Epidemic," which affected more white people, used more medical terms than were used for the so-called "Crack Cocaine Epidemic," which affected more Black people. They also found that the “Opioid Epidemic” was treated more like a public health crisis, while the “Crack Cocaine Epidemic” was treated like a criminal justice issue.
Black people are more likely to be arrested for selling or possessing unlawful substances than white people, despite white people using illegal substances at about the same rate.
In 1971, President Richard Nixon instituted a "War on Drugs," which his chief of domestic policy later admitted was designed to target two groups: the anti-war left and Black people. This legacy continued in how different substance use-related public health crises were and continue to be treated.
Safety-Sensitive Industries and Medical Disclosure Policies
Employers of “safety-sensitive” jobs must develop and implement drug testing policies that contribute to safety but do not discriminate. They may also have a Medical Disclosure Policy requiring employees to disclose medications that might impact job performance. Discrimination based on the legal use of medications is not allowed, but employers may restrict job duties during medication use and provide reasonable accommodations.
ADA Protections
People with disabilities related to substance use disorder are protected by the ADA from workplace discrimination. Here are some of the protections they provide:
Here are some myths to look out for:
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When it comes to decisions like hiring, promotion, and termination, employers are not allowed to discriminate against candidates or current employees who have disabilities.
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Employers are allowed to ask about an applicant or employee's use of unlawful substances or their misuse of prescription medication.
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Employers cannot ask or discriminate against employees for taking prescribed medication.
Prevent discrimination with drugs and alcohol in the workplace training
Train your employees to prevent discrimination in the workplace with drugs and alcohol training. Equip them with the knowledge to identify signs of drug and alcohol abuse, recognize the long-term effects of such abuse, and create a safe and inclusive environment for all employees.
Helping over 8,000+ organizations create a safer, more inclusive company culture.
By providing learners with a more in-depth understanding of substance use and misuse in the workplace, this course empowers individuals and organizations to create a culture of support and empathy, ultimately leading to a safer and more productive workplace for all.
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