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The Department of Justice issued guidance on how the Americans with Disabilities Act (ADA) can protect individuals with opioid use disorder (OUD) and other drug addictions from discrimination.
The guidance says that individuals with OUD typically qualify for ADA protection because drug addiction is a physical or mental impairment that often substantially limits one or more major life activities. Those in recovery may also quality for ADA protection if they would be limited in a major life activity in the absence of treatment or services to support recovery.
The ADA protections do not apply if an individual is engaged in “current illegal use of drugs.” The use of prescribed medications, including those to treat OUD, is not considered illegal if supervised by a licensed health professional.
The guidance also clarifies that employers may have reasonable policies or procedures, including drug testing, designed to ensure individuals are not engaging in current illegal drug use.
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