Drug or Alcohol Rehabilitation

Current illegal drug use is not a protected disability under the federal Americans with Disabilities Act (ADA) or the state Fair Employment and Housing Act (FEHA) and current users are not protected from discrimination, with the exception that California law prohibits discrimination against employees and applicants for their use of cannabis off the job and away from the workplace as recreational cannabis use is legal under state law.¹

Under the California Labor Code, if you have 25 or more employees, you must reasonably accommodate any employee who volunteers to enter an alcohol or drug rehabilitation program, if the reasonable accommodation does not impose an undue hardship on you.² Reasonable³