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Opioid Addiction and ADA Guidance

Opioid Addiction and the ADA Guidance

1.5 minute read

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.

Download the bulletin for more details.

Download our "Guide to Insurance Committees for Public Sector Organizations"

National Insurance Services is not a law firm and no opinion, suggestion, or recommendation of the firm or its employees shall constitute legal advice. Readers are advised to consult with their own attorney for a determination of their legal rights, responsibilities and liabilities, including the interpretation of any statute or regulation, or its application to the readers’ business activities.

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Valerie Ortiz

Valerie Ortiz

Over the past 20 years, Valerie Ortiz has worn many hats at National Insurance Services. She currently heads up NIS’ Marketing Team where she helps to create and execute employee benefit communications based upon our public sector clients’ needs. Valerie brings order to the chaos and has a zeal for detail and a talent for organization.