The Legislative Response to Alcoholism and Drug Addiction in the Americans with Disabilities Act of 1990

Abstract

The Americans With Disabilities Act was enacted in 1990 and became law on July 26, 1992. It represents the latest Congressional effort to provide protection against discrimination in the workplace to people with disabilities, giving them more access to employment opportunities for which they are qualified and which they can perform and imposing requirements on employers to help facilitate this through reasonable accommodations. The act also amended the Rehabilitation Act of 1973, extending the coverage of that earlier legislation to include more employers as covered entities as well as clarifying selected sections. For those who use or are addicted to alcohol or drugs, treatment under both acts has been uneven. The 1973 legislation was silent about these individuals except for an exclusionary provision dealing with current use vis-à-vis job performance and threats to the safety of other people and property. The Americans With Disabilities Act is more comprehensive in its approach both to individuals who use alcohol and drugs and to those who use them addictively. It has, however, still left some open questions and created some new concerns. The purpose of this article is to review the highlights of the Americans With Disabilities Act as it relates to alcohol and drug use and to explore some of the unresolved issues.