Full question:
Can an employer terminate you for seeking substance abuse treatment?
- Category: Employment
- Date:
- State: Pennsylvania
Answer:
The Americans with Disabilities Act (ADA) prohibits employment discrimination against qualified individuals with disabilities, which includes a broad range of mental and physical conditions. While some disabilities are visible, others, such as mental illness or a history of substance abuse, can lead to discrimination based on past medical records.
The ADA defines a disability as a physical or mental impairment that significantly limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment. Major life activities include essential functions like caring for oneself, seeing, speaking, and walking.
Under the ADA, it is illegal for employers to discriminate against qualified individuals with disabilities due to their condition. A qualified individual can perform essential job functions with or without reasonable accommodations. The ADA covers various employment practices, including hiring, compensation, training, and termination.
Reasonable accommodations may involve modifying job duties, altering work schedules, or making physical changes to the workplace. However, the costs and business needs are considered when determining what accommodations are required.
It's important to note that the ADA excludes individuals engaged in illegal drug use from its protections. However, this does not include those who have successfully completed rehabilitation or are no longer using illegal drugs.
The Equal Employment Opportunity Commission enforces the ADA.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.