Employees with Drug Addiction

Accommodation and Compliance Series
Practical Solutions • Workplace Success

2

Preface

The Job Accommodation Network (JAN) is a service of the Office of Disability 

Employment Policy of the U.S. Department of Labor. JAN makes documents available 

with the understanding that the information be used solely for educational purposes. 

The information is not intended to be legal or medical advice. If legal or medical advice 

is needed, appropriate legal or medical services should be contacted. 

JAN does not endorse or recommend any products or services mentioned in this 

publication. Although every effort is made to update resources, JAN encourages 

contacting product manufacturers/vendors and service providers directly to ensure that 

they meet the intended purposes. This guarantees that the most up-to-date information 

is obtained. 

The following document is not copyrighted and reproduction is encouraged. Section 

105 of the Copyright Law provides that no copyright protection is available for works 

created by the U.S. Government. Therefore, all works created by JAN fall under this 

provision. While individuals may use such work with impunity, individuals may not 

claim copyright in the original government work, only in the original material added. 

Individuals may access the full text of the law from the U.S. Copyright Office 

http://www.loc.gov/copyright. Please note that specific information cited by JAN may be 

copyrighted from other sources. Citing secondary sources from a JAN publication may 

violate another organization's or individual's copyright. Permission must be obtained 

from these sources on a case-by-case basis. When using JAN materials, JAN asks that 

the materials not be reproduced for profit, that the tone and substance of the information 

are not altered, and that proper credit is given to JAN as the source of the information. 

For further information regarding this or any other document provided by JAN, please 

contact JAN.

Authored by Linda Carter Batiste, J.D. Updated 03/22/10.
Practical Solutions • Workplace Success

3

JAN’S ACCOMMODATION AND COMPLIANCE SERIES

Introduction

JAN’s Accommodation and Compliance Series is designed to help employers determine 

effective accommodations and comply with Title I of the Americans with Disabilities Act 

(ADA). Each publication in the series addresses a specific medical condition and 

provides information about the condition, ADA information, accommodation ideas, and 

resources for additional information. 

The Accommodation and Compliance Series is a starting point in the accommodation 

process and may not address every situation. Accommodations should be made on a 

case by case basis, considering each employee’s individual limitations and 

accommodation needs. Employers are encouraged to contact JAN to discuss specific 

situations in more detail. 

For information on assistive technology and other accommodation ideas, visit JAN's 

Searchable Online Accommodation Resource (SOAR) at http://askjan.org/soar.

Information about Drug Addiction

How prevalent is drug addiction? 

According to the 2003 National Survey on Drug Use and Health, an estimated 21.6 

million persons aged 12 or older in 2003 were classified with substance dependence or 

abuse (9.1 percent of the total population). Of these, 3.1 million were classified with 

dependence on or abuse of both alcohol and illicit drugs, 3.8 million were dependent on 

or abused illicit drugs but not alcohol, and 14.8 million were dependent on or abused 

alcohol but not illicit drugs. Of the 6.8 million persons classified with dependence on or 

abuse of illicit drugs, 4.2 million were dependent on or abused marijuana, 1.5 million 

were dependent on or abused cocaine, and 1.4 million were dependent on or abused 

pain relievers (Substance Abuse and Mental Health Services Administration, 2004). 

Among workers, 7.8 percent reported illicit drug use in the past month, and 1.9 percent 

were dependent or abusing illicit drugs in the past year. The rates of past month 

substance use were highest among workers aged 18 to 25 years, and declined with 

older age groups. Workers who reported past month illicit drug use were more likely 

than those who did not report such use to say that: they had more than three employers 

in the past year (5.7 percent vs 2.3 percent), they had missed work for more than two 

days in the past month due to illness or injury (11.6 percent vs. 6.5 percent), and they 

had skipped work more than two days in the past month (4.4 percent vs. 1.6 percent) 

(Substance Abuse and Mental Health Services Administration, 2003). 

What is drug addiction?

Drug addiction is a chronic, relapsing, and treatable disease. Addiction begins with a 

conscious choice to use drugs, but addiction is not just "a lot of drug use." Recent 
Practical Solutions • Workplace Success

4

scientific research provides overwhelming evidence that not only do drugs interfere with 

normal brain functioning creating powerful feelings of pleasure, but they also have longterm effects on brain metabolism and activity. At some point, changes occur in the brain 

that can turn drug abuse into addiction. Those addicted to drugs suffer from a 

compulsive drug craving and usage and cannot quit by themselves (National Institute on 

Drug Abuse, n.d.a).

How can you tell if an employee is addicted to drugs?

The following are some of the behavioral characteristics that may occur with drug 

addiction. Note that these behavioral characteristics do not always indicate drug 

addiction, but may warrant further investigation.

• Absenteeism – absences without notification and an excessive use of sick days 

• Frequent disappearances from the work site, long unexplained absences, 

improbable excuses 

• Unreliability in keeping appointments and meeting deadlines

• Work performance that alternates between periods of high and low productivity

• Mistakes made due to inattention, poor judgment, and bad decisions

• Confusion, memory loss, and difficulty concentrating or recalling details and 

instructions

• Ordinary tasks require greater effort and consume more time

• Interpersonal relations with coworkers suffer

• Rarely admits errors or accepts blame for errors or oversights

• Progressive deterioration in personal appearance and hygiene

• Wearing long sleeves when inappropriate

• Personality change - mood swings, anxiety, depression, lack of impulse control, 

suicidal thoughts or gestures

• Increasing personal and professional isolation

(U.S. Department of Justice, Drug Enforcement Administration, n.d.).

Can drug addiction be treated?

Yes. A variety of approaches are used in treatment programs to help patients deal with 

cravings and possibly avoid drug relapse. Through treatment that is tailored to individual 

needs, individuals can learn to control their condition and live relatively normal lives 

(National Institute on Drug Abuse, n.d.a). There are several types of drug abuse 

treatment programs. Short-term methods last less than six months and include 

residential therapy, medication therapy, and drug-free outpatient therapy. Longer term 

treatment may include, for example, methadone maintenance outpatient treatment for 

opiate addicts and residential therapeutic community treatment (National Institute on 

Drug Abuse, 2008).
Practical Solutions • Workplace Success

5

Drug Addiction and the Americans with Disabilities Act 

Is drug addiction a disability under the ADA?

Current illegal users of drugs are not "individuals with disabilities" under the ADA. 

However, persons addicted to drugs, but who are no longer using drugs illegally and are 

receiving treatment for drug addiction or who have been rehabilitated successfully, are 

protected by the ADA from discrimination on the basis of past drug addiction (EEOC, 

1992). 

A person who casually used illegal drugs in the past, but did not become addicted is not 

an individual with a disability based on the past drug use. For a person to be 

"substantially limited" because of drug use, s/he must be addicted to the drug (EEOC, 

1992).

Individuals who are not illegally using drugs, but who are erroneously perceived as 

being addicts and as currently using drugs illegally, are protected by the ADA (EEOC, 

1992).

What does “illegal” drug use mean?

The illegal use of drugs includes the use, possession, or distribution of drugs that are 

unlawful under the Controlled Substances Act. It includes the use of illegal drugs and 

the illegal use of prescription drugs that are "controlled substances" (EEOC, 1992).

What does “current” illegal drug use mean?

"Current" drug use means that the illegal use of drugs occurred recently enough to 

justify an employer's reasonable belief that involvement with drugs is an on-going 

problem. It is not limited to the day of use, or recent weeks or days, in terms of an 

employment action. It is determined on a case-by-case basis (EEOC, 1992).

Are tests for illegal drugs considered medical tests under the ADA?

No. Drug tests are not considered medical examinations, and an applicant can be 

required to take a drug test before a conditional offer of employment has been made. 

An employee also can be required to take a drug test, whether or not such a test is jobrelated and necessary for the business. (On the other hand, a test to determine an 

individual's blood alcohol level would be a "medical examination" and only could be 

required by an employer in conformity with the ADA) (EEOC, 1992).

While an employer may conduct tests to detect illegal use of drugs, the ADA does not 

prohibit, require, or encourage drug tests. Employers may comply with applicable 

Federal, State, or local laws regulating when and how drug tests may be used, what 

drug tests may be used, and confidentiality (EEOC, 1992).
Practical Solutions • Workplace Success

6

If a test for illegal drugs is given to a job applicant before a job offer is made, 

what happens if that drug test reveals the presence of legally prescribed drugs?

If a person is excluded from a job because the employer erroneously "regarded" him/her 

to be an addict currently using drugs illegally when a drug test revealed the presence of 

a lawfully prescribed drug, the employer would be liable under the ADA. To avoid such 

potential liability, the employer would have to determine whether the individual was 

using a legally prescribed drug. Because the employer may not ask what prescription 

drugs an individual is taking before making a conditional job offer, one way to avoid 

liability is to conduct drug tests after making an offer, even though such tests may be 

given at anytime under the ADA. Because applicants who test positive for illegal drugs 

are not covered by the ADA, an employer can withdraw an offer of employment on the 

basis of illegal drug use (EEOC, 1992). 

If the results of a drug test indicate the presence of a lawfully prescribed drug, such 

information must be kept confidential, in the same way as any medical record. If the 

results reveal information about a disability in addition to information about drug use, the 

disability-related information is to be treated as a confidential medical record (EEOC, 

1992).

Can an employer refuse to hire an applicant who has a history of illegal drug use?

Yes, in some situations. An employer can refuse to hire a person with a past history of 

illegal drug use, even if the person no longer uses drugs, in specific occupations, such 

as law enforcement, when an employer can show that this policy is job-related and 

consistent with business necessity (EEOC, 1992).

An employer also may refuse to hire an individual with a history of illegal drug use if the 

employer can demonstrate that the individual poses a "direct threat" to health or safety 

because of the high probability that s/he would return to the illegal drug use. The 

employer must be able to demonstrate that such use would result in a high probability of 

substantial harm to the individual or others that could not be reduced or eliminated with 

a reasonable accommodation. Examples of accommodations in such cases might be to 

require periodic drug tests, to modify job duties, or to provide increased supervision

(EEOC, 1992).

Does the ADA restrict workplace programs to combat the use of drugs?

No. The ADA does not interfere with programs to combat the use of drugs in the 

workplace. The Act specifically provides that an employer may prohibit the use of drugs 

in the workplace and require that employees not be under the influence of drugs in the 

workplace (EEOC, 1992).
Practical Solutions • Workplace Success

7

Accommodating Employees with Drug Addiction

(Note: People with drug addiction may develop some of these limitations, but seldom 

develop all of them. Also, the degree of limitation will vary among individuals. Be aware 

that not all people with drug addiction will need accommodations to perform their jobs 

and many others may only need a few accommodations. The following is only a sample 

of the possibilities available. Numerous other accommodation solutions may exist.)

Questions to Consider:

1. What limitations is the employee with drug addiction experiencing?

2. How do these limitations affect the employee and the employee’s job performance?

3. What specific job tasks are problematic as a result of these limitations?

4. What accommodations are available to reduce or eliminate these problems? Are all 

possible resources being used to determine possible accommodations?

5. Has the employee with drug addiction been consulted regarding possible 

accommodations?

6. Once accommodations are in place, would it be useful to meet with the employee 

with drug addiction to evaluate the effectiveness of the accommodations and to 

determine whether additional accommodations are needed?

7. Do supervisory personnel and employees need training regarding drug addiction?

Accommodation Ideas:

Treatment Needs: 

• Allow use of paid or unpaid leave for inpatient medical treatment 

• Allow use of paid or unpaid leave or flexible scheduling for counseling or to 

attend support meetings

Difficulty Handling Stress:

• Provide praise and positive reinforcement

• Refer to counseling and employee assistance programs

• Allow modified daily schedule

• Allow frequent breaks 

• Provide a self-paced workload 

• Modify supervisory methods

• Reassign to a less stressful job
Practical Solutions • Workplace Success

8

Fatigue:

• Reduce or eliminate physical exertion and workplace stress

• Schedule periodic rest breaks away from the workstation

• Allow a flexible work schedule and flexible use of leave time

• Allow work from home

• Implement ergonomic workstation design

Maintaining Concentration: 

• Reduce distractions in the workplace 

• Provide space enclosures or a private office

• Plan for uninterrupted work time

• Allow for frequent breaks

• Divide large assignments into smaller tasks and steps

• Restructure job to include only essential functions

Exposure to drugs in the workplace (e.g. hospitals, pharmacies):

• Provide workplace supports

• Provide extra supervision

• Reassign to a position that does not involve exposure to drugs

Situations and Solutions:

A substance abuse counselor with a history of drug addiction was having difficulty 

working with clients while dealing with family problems. His employer allowed him to 

take leave time to deal with his family problems.

A nurse with drug addiction was restricted from dispensing medication after she was 

caught using illegal drugs. Her employer had a policy allowing employees to participate 

in drug rehabilitation and return to work with a last chance agreement. When the nurse 

returned to work after rehabilitation, she was reassigned to a job that did not require her 

to dispense medication and given periodic drug tests. 

A production worker in recovery from substance abuse needed to attend counseling that 

was only available in the evenings. His employer excused him from overtime on the 

days he attended counseling. 

A call center employee with a history of drug addiction was having difficulty dealing with 

stress, especially face-to-face discussions with her supervisor about her job 

performance. Her supervisor agreed to change her management style, giving 

performance information in writing. 
Practical Solutions • Workplace Success

9

Resources

Job Accommodation Network

West Virginia University

PO Box 6080 

Morgantown, WV 26506-6080

Toll Free: (800)526-7234

TTY: (877)781-9403

Fax: (304)293-5407

jan@askjan.org

http://askjan.org

The Job Accommodation Network (JAN) is a free consulting service that provides 

information about job accommodations, the Americans with Disabilities Act (ADA), and 

the employability of people with disabilities. 

Office of Disability Employment Policy

200 Constitution Avenue, NW, Room S-1303

Washington, DC 20210

Toll Free: (866)633-7365

TTY: (877)889-5627

Fax: (202)693-7888

http://www.dol.gov/odep/

The Office of Disability Employment Policy (ODEP) is an agency within the U.S. 

Department of Labor. ODEP provides national leadership to increase employment 

opportunities for adults and youth with disabilities while striving to eliminate barriers to 

employment. 

Addiction Resource Guide 

P.O. Box 8612

Tarrytown, NY 10591

Direct: (914)725-5151

Fax: (914)631-8077

info@addictionresourceguide.com 

http://www.addictionresourceguide.com

A comprehensive directory of addiction treatment facilities for substance abuse, 

alcoholism, drug and chemical dependencies and other addictions to help professionals 

and consumers find resources for dealing with addictive problems. 

American Society of Addiction Medicine

4601 North Park Ave, Arcade Suite 101

Chevy Chase, MD 20815

Direct: (301)656-3920

Fax: (301)656-3815
Practical Solutions • Workplace Success

10

email@asam.org

http://www.asam.org

The nation's medical specialty society dedicated to educating physicians and improving 

the treatment of individuals suffering from alcoholism and other addictions.

National Center on Addiction and Substance Abuse at Columbia University

633 Third Ave., 19th Floor

New York, NY 10017-6706

Direct: (212)841-5200

http://www.casacolumbia.org 

CASA's mission is to inform Americans of the economic and social costs of substance 

abuse and its impact on their lives; Assess what works in prevention, treatment, and law 

enforcement; Encourage every individual and institution to take responsibility to combat 

substance abuse and addiction; Provide those on the front lines with the tools they need 

to succeed; Remove the stigma of abuse and replace shame and despair with hope. 

National Clearinghouse for Alcohol and Drug Information

Toll Free: (800)729-6686

TTY: (800)487-4889

Fax: (301)486-6433

http://www.ncadi.samhsa.gov/

Information clearinghouse about prevention programs and research involving alcohol 

and other drug use.

National Institute on Drug Abuse, National Institutes of Health

6001 Executive Boulevard Room 5213

Bethesda, MD 20892-9561

Direct: (301)443-1124

information@nida.nih.gov

http://www.nida.nih.gov

NIDA's mission is to lead the Nation in bringing the power of science to bear on drug 

abuse and addiction.

Substance Abuse and Mental Health Services Administration

P.O. Box 2345 

Rockville, MD 20847-2345

Toll Free: (877)726-4727

TTY: (800)487-4889

Fax: (240)221-4292

SHIN@samhsa.hhs.gov 

http://www.samhsa.gov
Practical Solutions • Workplace Success

11

Mission is to build resilience and facilitate recovery for people with or at risk for 

substance abuse and mental illness.

Working Partners for an Alcohol- and Drug-Free Workplace

U.S. Department of Labor

200 Constitution Avenue, Room S-2312

Washington, DC 20210

Toll Free: (202)693-5919

Fax: (202)693-5961

webwp@dol.gov

http://www.dol.gov/workingpartners
Practical Solutions • Workplace Success

12

References

Equal Employment Opportunity Commission. (1992). A technical assistance manual on 

the employment provisions (title I) of the Americans with Disabilities Act. 

Retrieved September 5, 2008, from http://askjan.org/links/ADAtam1.html

National Institute on Drug Abuse. (2008). Drug addiction treatment methods. Retrieved 

September 5, 2008, from http://www.nida.nih.gov/Infofax/treatmeth.html

National Institute on Drug Abuse. (n.d.a). Understanding drug abuse and addiction. 

Retrieved September 5, 2008, from 

http://www.nida.nih.gov/Infofax/understand.html

Substance Abuse and Mental Health Services Administration. (2004). Overview of 

findings from the 2003 national survey on drug use and health. Retrieved March 

8, 2005, from http://oas.samhsa.gov/nhsda/2k3nsduh/2k3Overview.htm

Substance Abuse and Mental Health Services Administration. (2003). The national 

survey on drug use and health. Retrieved March 8, 2005, from 

http://oas.samhsa.gov/2k2/workers/workers.htm

U.S. Department of Justice, Drug Enforcement Administration. (n.d.). Drug addiction in 

health care professionals. Retrieved September 5, 2008, from 

http://www.deadiversion.usdoj.gov/pubs/brochures/drug_hc.htm
Practical Solutions • Workplace Success

13

This document was developed by the Job Accommodation Network, funded by a 

contract agreement from the U.S. Department of Labor, Office of Disability Employment 

Policy (DOL079RP20426). The opinions expressed herein do not necessarily reflect the 

position or policy of the U.S. Department of Labor. Nor does mention of trade names, 

commercial products, or organizations imply endorsement by the U.S. Department of 

Labor.