Recovered drug abuser

Are recovered (for more than several weeks) illegal substance abusers (as opposed to recovered alcoholics) protected under ADA? Where can I find this in writing?


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  • [font size="1" color="#FF0000"]LAST EDITED ON 08-17-01 AT 08:42AM (CST)[/font][p]Essentially, an individual who no longer illegally uses drugs and who has either been rehabilitated successfully or is in the process of completing a rehab program is covered.

    I notice your question refers to "illegal substance abusers." Please keep in mind that the law refers to persons who illegally used drugs. This includes not only your garden variety street drugs (marijuana, crack, heroin, etc.)stereo typed with the poor of our society, but also your controlled substances obtained via prescription by the middle class. Contact your local Equal Employment Opportunity Commission (EEOC) office for more information.
  • I'd be careful using the term "recovered", especially after only a short period of time. The key is "no longer using", whether it be drugs or alcohol.
  • Different courts give different answers. I've seen several courts say they have to be clean for six or seven weeks. There's a good article on this in the September 2000 Florida Employment Law Letter. If you don't subscribe, you can buy a back issue: [email]custserv@mleesmith.com[/email]

    James Sokolowski
    Senior Editor
    M. Lee Smith Publishers
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