NCJ Number
130435
Journal
Vanderbilt Law Review Volume: 44 Issue: 3 Dated: (April 1991) Pages: 713-740
Date Published
1991
Length
28 pages
Annotation
The Americans With Disabilities Act of 1990 is examined with respect to its provisions regarding alcoholics and drug addicts with emphasis on the policy implications of the standard that excludes individuals "currently engaging in" the use of illegal drugs from protection under the law.
Abstract
Section 102 prohibits employment discrimination against qualified individuals with a disability on the basis of that disability. Courts interpreting the 1978 amendment of the earlier Rehabilitation Law had generally found alcoholism and drug addiction to be handicaps within the meaning of the law, provided the addict was rehabilitated or was in rehabilitation. The 1990 law specifies this exclusion and allows employers to take reasonable measures, including drug testing, to ensure that individuals in rehabilitation no longer use illegal drugs. The law provides a fair balance between the legitimate concerns of employers and employees and, if interpreted properly, will clarify the scope of protection provided to addicts. 212 footnotes