Employee Rights & Drug Addiction

Drug addiction can catch employers completely off guard. It's important to understand your employees' rights regarding addiction and treatment. According to DrugFreeAmerica.com, two thirds of drug abusers in the United States are employed. DrugFreeAmerica.com goes on to state that even a so-called "functioning addict" only operates at about 67 percent of his capacity.

The law extends certain rights to employees, allowing them to get the treatment they need and remain employed.

ADA and Rehabilitation Act

• The Americans with Disabilities Act (ADA) states that employers with 15 or more employees can not discriminate against employees and job applicants with disabilities. The word "disability" is defined as a physical or mental problem that limits lifestyle activity, there is a record that the employee suffers from a specific impairment.

  Under the ADA act, employees with a history of addiction can not be discriminated against. Employees who are currently participating in an inpatient or outpatient program, an employee assistance program or a popular self-help program like Narcotics Anonymous. It's important for employers and employees to understand that the ADA does not protect employees who are casual drug and alcohol users. It only protects those with a history of drug addiction or are wrongly being accused of being a drug addict.

Family Medical Leave Act

• The Family Medical Leave Act of 1993, also known as the FMLA, allows employees to request up to 12 months of unpaid leave for reasons that include having a serious health condition that keeps you from working. If an employees requests FMLA leave to seek treatment for an addiction, they cannot be fired under this law.

A Plan for Addicted Employees

• It's not unusual for employers to come face-to-face with the challenges of employee drug addiction. It's important that a plan be established to deal with such a sensitive issue. Each company should develop a plan that fits their individual size, needs and structure. The plan should include a concise written policy, training for supervisors, education for employee awareness, employee assistance program and drug and alcohol testing.

Drug Testing Controversy

• Drug testing laws vary by state. It is controversial because some courts consider it an invasion of privacy violating their rights under the Fourth Amendment for "unreasonable search and seizure."

  There are also concerns about the accuracy of such tests. For instance, there is always the possibility of specimens being mislabeled and, according to Lawyer.com, cheap testing kits have a 20 percent higher chance of producing a false positive result.

Occasional Drug Users

• It's important for employees who are casual drug users to understand that they are not protected by the same laws that protect those considered drug addicts. Depending on your state, if an employer suspects that you are using drugs, they may be able to request a random drug test.