| How Do Other Federal Laws Relating
to Drug and Alcohol Use Affect the ADA's Standards? |
The ADA permits employers to comply with other
federal laws and regulations that relate to drug and alcohol use.
These federal standards include the Drug Free Workplace Act and
standards established by the Department of Transportation,
Department of Defense, and the Nuclear Regulatory Commission
relating to testing safety-sensitive employees for drug use, and
in some cases, alcohol use. The standards established by these
other federal laws and rules are consistent with the ADA and,
generally do not restrict the rights of individuals in
safety-related jobs beyond what the ADA permits.
The drug testing regulations, in particular, cover a fairly narrow
set of employees whose jobs directly affect safety. They require
employees to comply with restrictions on off-duty drug and alcohol
use and prohibit individuals who violate drug or alcohol rules
from holding safety-sensitive jobs. The regulations give employers
the right to determine when individuals who have tested positive
for drug or alcohol may return to work in the safety-related
position.
Apart from these standards, the ADA does not permit employers to
treat individuals with past drug or alcohol impairments who hold
safety-related jobs any differently from other employees.
|
Resources |
| For information on
the Americans with Disabilities Act and accommodations the
following can be contacted: |
| |
• ADA Regional Disability and Business Technical
Assistance Center Hotline, 800/949-4232 (voice/TTY).
• U.S. Equal Employment
Opportunity Commission, 1801 L Street NW, Washington, DC
20507, 800/669-4000 (voice), 800/800-3302 (TTY), or
800/669-EEOC (publications-voice). |
There are a number of organizations that can provide
information about drug and alcohol problems and assist
individuals with such problems. Some of these are: |
| |
• Employee Assistance Professional Association, 4601
North Fairfax Drive, Suite 1001, Arlington, VA 22203,
703/522-6272.
• Job Accommodation Network, 918
Chestnut Ridge Road, Suite 1, Morgantown, WV 26506-6080, (800)
ADA-WORK (voice/TTY).
• Legal Action Center, 153
Waverly Place, New York, NY 10014, 212/243-1313, and 236
Massachusetts Avenue, N.E., Suite 510, Washington, DC 20002,
202/544-5478.
• The Workplace Center, Columbia
University, School of Social Work, 622 West 113th Street, New
York, NY 10025, 212/854-5458. |
|
This publication was developed by Ellen. M. Weber, Co-Director of
National Policy of the Legal Action Center, 236 Massachusetts
Avenue, NE, Suite 510, Washington, DC 20002, 202/544-5478.
-- Funding Source --
This material was produced by the Program on Employment and
Disability, School of Industrial and Labor Relations - Extension
Division, Cornell University, and funded by a grant from the
National Institute on Disability and Rehabilitation Research
(grant #H133D10155). It has been reviewed for accuracy by the U.S.
Equal Employment Opportunity Commission. However, opinions about
the Americans with Disabilities Act (ADA) expressed in this
material are those of the author, and do not necessarily reflect
the viewpoint of the Equal Employment Opportunity Commission or
the publisher. The Commission's interpretations of the ADA are
reflected in its ADA regulations (29 CFR Part 1630) and its
Technical Assistance Manual for Title I of the Act.
Cornell University is authorized by the National Institute on
Disability and Rehabilitation Research (NIDRR) to provide
information, materials, and technical assistance to individuals
and entities that are covered by the Americans with Disabilities
Act (ADA). However, you should be aware that NIDRR is not
responsible for enforcement of the ADA. The information,
materials, and/or technical assistance are intended solely as
informal guidance, and are neither a determination of your legal
rights or responsibilities under the Act, nor binding on any
agency with enforcement responsibility under the ADA.
In addition to serving as a National Materials Development Project
on the Employment Provisions of the Americans with Disabilities
Act of 1990, the Program on Employment and Disability also serves
as the training division of the Northeast Disability and Business
Technical Assistance Center. This publication is one of a series
edited by Susanne M. Bruyere, Ph.D., C.R.C., Director of the ILR
Program on Employment and Disability at Cornell University.
-- Other Titles in this Implementing the ADA
Series --
* Working Effectively with Persons who have Cognitive Disabilities
* Employment Considerations for People who have Diabetes
* Causes of Poor Indoor Air Quality and What You Can Do About It
* Working Effectively with Employees who have Sustained a Brain
Injury
* Employing and Accommodating Workers with Psychiatric
Disabilities
* Working Effectively with Individuals who are HIV-Positive
* Accommodating the Allergic Employee in the Workplace
* Workplace Accommodations for Persons with Musculoskeletal
Disorders
* Working Effectively with People with Learning Disabilities
* Working Effectively with People who are Deaf or Hard of Hearing
* The Americans with Disabilities Act of 1990 and Injured Workers
* Employing and Accommodating Individuals with Histories of
Alcohol and Drug Abuse
* Working Effectively with People who are Blind or Visually
Impaired
For further information about publications such as these, contact
the ILR Program on Employment and Disability, Cornell University,
102 ILR Extension, Ithaca, New York 14853-3901; or at 607/255-2906
(Voice), 607/255-2891 (TDD), or 607/255-2763 (Fax).
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