Is Drug Addiction a Disability?
Drug addiction is a serious disease that affects millions of Americans each year. The disease is debilitating and can often ruin people’s health as well as their career and family. In many instances, a debilitating drug addiction can also be considered a disability. However, this classification does not mean that a person is doomed to a life of drug addiction or that they can avoid consequences for their actions. Instead, it simply has the potential to offer a reasonable set of accommodations that can help people addicted to drugs find their way out of this disease.
What Classifies as a Disability?
A disability is a condition that affects people’s physical and mental capabilities and prevents them from adequately performing desired tasks. There are a wide variety of disabilities that can be apparent or invisible. The most obvious disabilities are physical ones, where people require equipment to help them function. People who cannot walk may use a wheelchair. People who are blind may have special glasses or a cane. Their disability may become clear in their usage of a service animal, which is usually a dog that has been trained to perform certain tasks that can help a disabled person live a normal life.
But just because people aren’t in a wheelchair or using a cane doesn’t mean they aren’t disabled. Indeed, physically and mentally disabled people come from all walks of life and perform admirably in a wide variety of jobs. Disabilities range from health issues that impair the performance of one important aspect of life to those that keep a person from being able to work or walk at all. They are often intertwined with a wide variety of legal and governmental programs designed to help the disabled live a normal, functional life. It is not always evident what disability people have and what accommodation they may need from a business they are visiting or their employer.
What Is the Americans With Disabilities Act?
The Americans with Disabilities Act (ADA) is a law passed in 1990 that grants civil rights protections to those with disabilities. It has caused a change in the way private businesses treat those with disabilities. The law has radically altered the way other laws work as well. It has changed the meaning and interpretation of the Fair Housing Act and created a wealth of protections connected to other laws.
While the ADA is long and complex, the concept of accommodations and modifications is the one most frequently discussed when looking at drug addiction. Companies have to provide modifications or accommodations to individuals who require them based on their disability. The most obvious manifestation of this trend is the handicapped parking space and the wheelchair ramp. These basic symbols have made it considerably easier for people in wheelchairs to navigate the world of shopping, commerce, and social interaction. With small investments, companies have opened their stores to thousands of potential customers who would not have been able to navigate them otherwise.
There are two common ways that the ADA protects individuals in addition to outright banning discrimination. One is through a reasonable accommodation. This is a reasonable shift in the rules of a company to help make the life of a disabled person easier. A reasonable accommodation may involve allowing a person to bring a trained service animal into a place of business. These accommodations are performed in a way that aids an individual without unfairly impinging on the rights of other customers in a business. It is entirely possible for accommodation requests to be denied if they are shown to be unreasonable or would change the core business of a company by too large of a degree.
The other common request is a reasonable modification. Modifications are repairs or other capital improvements designed to improve a customer’s or employee’s life. They may involve a wheelchair ramp or grab bars installed in a bathroom. The company government or nonprofit agencies often pay for these modifications through grants. In many instances, companies will go through a grant process and work on financing before accepting a substantial modification request. In extreme cases, they may agree to installation if it is funded by the people who would be helped.
Deciding on Accommodations
A reasonable accommodation or modification request does not have to be a complicated, expensive affair. Depending on the circumstances, it does not require a lawyer and may not even require a written form. In almost every instance, a company must at least consider the request before deciding what to do moving forward.
The ADA provides several factors to consider when looking at both reasonable accommodations and modifications. The most important is whether or not the request is reasonable. In order to prove what appears to be a subjective measure, companies are able to look at how the action would change their core business model and cause undue hardship. They need to be able to meet the request without completely shifting what they usually do daily.
Companies are also allowed to look at the cost involved and how common such changes have been in the past. The most frequent instance of a core business model being challenged is for employees who are disabled and require modifications. If a disability is so extensive that it does not allow an employee to pursue any semblance of their former jobs, the request may be denied on the grounds of core business modification.
Importance of Disability With Regards to Drug Addiction
There is a misconception about the applicability of the ADA and disability when it comes to drug addiction. Many people erroneously believe that the ADA prevents companies from issuing any sort of punishment to employees or customers if they are disabled from an addiction, as classified by the ADA. It has helped fuel criticisms of the law that have created numerous problems for disabled people in a number of fields. This assumption is erroneous and based on a shallow reading of the law. The ADA specifically protects the core business functions of a company. It does not require companies to act outside of those core provisions to provide accommodations.
For example, an individual may receive medical documentation that provides proof they have a disability stemming from their drug addiction. They may still fail a drug test and be denied employment or job prospects at the vast majority of companies. These companies may legitimately argue that having impaired employees violates their core business model, which prioritizes sober employees doing the best job possible.
Employees may also be fired from a job for arriving inebriated and doing sloppy work. The ADA does not require a company to lose money and potentially go out of business to accommodate an employee not seeking treatment for their ailment. In most instances, individuals who can meet all of their job standards while on medication without intervening side effects may not receive extra protection for poor performance while on the job.
Common Protections
However, these exceptions do not mean that the protections for a person with an addiction are weak. There are many protections that do apply. One of the most common is connected to rehabilitation and a history of past drug use. Companies must offer a variety of protections to employees who are going through rehab in order to fight their addictions. They may be forced to provide medical leave to the individual being treated for drug addiction. Companies may have to change their drug testing policies in order to allow an employee to remain on a treatment like methadone.
What to Do
Anyone who faces drug addiction needs to treat it like they would any other disease. Addiction is treatable and can be overcome with the right combination of therapy, medication, and lifestyle changes. Those who believe they are addicted to drugs need first to consult medical and therapeutic experts. One group of experts that has been making substantial progress in recent years is the National Rehab Hotline. This group is part of the first stage of recovery for those who need help immediately but don’t know where to turn. Victims of drug addiction and those who want to learn more can contact the National Rehab Hotline and receive fast, free advice from addiction experts. We can provide immediate emergency help as well as advice and guides to local resources. It is a safe, effective first step for anyone looking to conquer their battles with addiction.
Once addicts make first contact through a service such as a hotline, they need to find a group of similar individuals who can provide peer support. Most importantly, they need to find out what it takes to stop using as quickly as possible and to stay clean. All of these medical steps need to be taken as soon as possible. Then, individuals can start to find out where the law can protect them and where they may be able to use the ADA in their recovery journey.
There is definitely a role for disability law to play in this process. The ADA is most effective at helping protect employees and individuals as they are trying to work their way out of their addiction. It can give people more time and flexibility to take medication and attend meetings. The ADA gives individuals with drug addiction the necessary tools to help themselves work their way out of this debilitating disability. In that way, it is one of the most effective types of civil rights laws.