Alcohol, Drugs and the ADA

Jay R. Fries

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DOI: 10.2190/UB9R-9HCJ-YEG8-WMB9

Abstract

The Americans with Disabilities Act of 1990 [1] (ADA) is the first comprehensive federal statute prohibiting discrimination in employment against individuals with disabilities. The employment provisions of the act became effective on July 26, 1992 for employers having twenty-five or more employees. On July 26, 1994, the law extends to employers with fifteen or more employees [1, §12111(5)(A), §12111 nt]. The ADA protects a "qualified individual with a disability" from discrimination in employment [1, §12112(a)] and requires covered employers to provide such individuals with "reasonable accommodation" that would not result in a "undue hardship" [1, §12112(b)(5)(A)]. Each of these terms is loosely defined in the statute and will be subject to further interpretation through decisions of the federal courts. A violation of the ADA may be remedied through a lawsuit against the employer in federal court [1, §12117(2)].

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