Do Employers Have a Duty to Accommodate Workers Who Have a Past or Current Substance Use Problem?

You can't be under the influence of a substance and expect to keep your job. Or, can you? It gets complicated with the legalization of marijuana. Listen in to this opiate recovery support group as they discuss their experiences and opinions on employment and substance use policies.

Discussion Guide:

Have you experienced discrimination as a result of a drug or alcohol screen on the job?

Have you had a positive experience with an employer who offered resources or sick leave in order to accommodate your needs and preserve your job?

Federal and state law dictates how employers are to treat employees who have an active substance use problem, and how to treat someone with a history of addiction. What are the laws in your state?

Are you familiar with the American with Disabilities Act (ADA)? The ADA covers businesses with 15 or more employees and protects workers with a history of illicit drug use under certain conditions. Do you know what the conditions are?

Under what conditions is alcoholism treated as a disability?

Does your employer have a written drug and alcohol policy in place? Have you read it? Would you feel safe to disclose your drug use history and progress?

What is your opinion regarding the handling of medical marijuana in the workplace? Should it be accommodated even if you are under the influence?

Suppmental Reading:

Lisa Nagele-Piazza, Accommodating Workers with a History of Substance Abuse, http://www.shrm.org/resourcesandtools/legal-and-compliance/state-and-local-updates/pages/accommodating-workers-with-a-history-of-substance-abuse.aspx