Drug or Alcohol Abuse as a Disability

The federal ADA and California's FEHA do not protect individuals who currently use illegal drugs. You can terminate, discipline or refuse to hire any individual who currently uses controlled substances or who is addicted to them.¹

However, while current users are not protected, recovered drug and alcohol abusers may be covered under certain circumstances. The ADA and FEHA protect people who meet all of the following criteria:

• Formerly abused alcohol or illegal drugs;
• Successfully rehabilitated themselves, either through a supervised rehabilitation program