When it comes to drug addiction or even a past history of usage for an employee, there may be a number of questions related to drug use and how the workplace may handle it. One of the major questions that may cross your mind is how do you deal with drugs in the workplace and whether or not there are any kind of legal protections in place for an employee who is actively using drugs or has in the past.
Below, we are going to answer these questions and a few related topics as well to help give you a better understanding of your rights as an employee.
Disclaimer: The following is not legal advice. It is general information meant to inform. Please consult with an employment lawyer in Columbus or close to you for legal advice or guidance.
How Do You Deal with Drugs in the Workplace?
It is imperative to understand how drug addiction is defined and what kind of protections may be afforded to you as an employee. Drug addiction is considered to be a type of disease. Mayo Clinic defines drug addiction, also known as substance use disorder, as “a disease that affects a person’s brain and behavior and leads to an inability to control the use of a legal or illegal drug or medicine.”
For employees who are dealing with a current drug addiction or a past one, you may wonder if that can possibly be used against you in the workplace.
In some instances, you may be protected under the Americans with Disabilities Act (ADA) from discrimination in the workplace based on drug addiction. But it is important to note that ADA protection may not apply in all cases.
For example, the ADA will not protect employees who are currently using drugs. But if you are an employee who has a past history of drug addiction who has since, your employer cannot discriminate against you since you are no longer using drugs.
Discrimination based on past history of drug addiction is considered illegal disability discrimination under the ADA. Certain state laws may also cover this type of discrimination.
To read more on how the ADA addresses drug addiction, see their extensive fact sheet here.
Can My Employer Request a Drug Test?
In many cases, it is legal for an employer to ask an employee to take a drug test. Employees, including federal employees, may be asked to take a drug test in a few different scenarios including but not limited to:
- If they are applying to open positions with an employer.
- If an employer has reasonable cause for suspicion to ask for a drug test.
- If a worker has a positive test and their employer requests that they are screened again.
- If appropriate evidence to show that an employee has been found using illegal drugs such as direct observation or “evidence obtained from a workplace-related arrest or criminal conviction”, as defined in Rule 123:1-76-11 of the Ohio Administrative Code.
A drug test is often standard for new hires and may even be an employment condition. A drug test request will be considered fair if it is a requirement for all incoming employees but will be considered unfair if certain employees are singled out for a drug test.
If you believe you have been singled out for a drug test, you may want to consult with an employment lawyer.
Can Employees Seek Rehabilitation?
If you are an employee who is currently using drugs, but you are interested in seeking rehabilitation, you may be able to apply for a rehabilitation program through a few different means.
There may be additional resources in your workplace that you are not aware of. Resources like an employee assistance program (EAP) may exist or you may be able to seek treatment through unpaid medical leave via the Family and Medical Leave Act (FMLA). The FMLA gives qualifying employees the ability to take up to 12 weeks of unpaid leave for certain reasons in a 12-month period. One of those qualifying reasons is a “serious health condition that makes the employee unable to perform the essential functions of his or her job.”
But as per the U.S. Department of Labor’s (DOL) website, you do need to be using the FMLA leave to receive treatment for your addiction: “FMLA leave may only be taken for substance abuse treatment provided by a health care provider or by a provider of health care services on referral by a health care provider. Absence because of the employee’s use of the substance, rather than for treatment, does not qualify for FMLA leave.”
For individuals who are seeking further treatment but who are not actively using drugs, ADA protections may apply. Participation in a rehabilitation or recovery program would be protected under the ADA and as long as your request was reasonable and did not cause undue hardship to the company, your employer should grant the time off for the program.
One last thing to keep in mind is that the protections around drug addiction in the workplace can be complicated, especially as each situation will be unique to each employee. Consider consulting with an employment lawyer in Columbus or close to you for further guidance on your situation.
Coffman Legal, LLCis a Columbus, Ohio-based employment law firm that works to provide workers throughout the state with experienced representation. Their team of employment attorneys in Columbus handles cases that include workplace harassment, mistreatment, and employment violations. With years of experience successfully recovering unpaid wages and other damages for thousands of workers in Ohio, the Coffman Legal team represents both individual employees and groups of hundreds of workers in collective and class action lawsuits. They offer free and confidential consultations and can be reached over the phone and online.
