Title I of the ADA requires an employer to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment, except when such accommodation would cause an undue hardship.
This Guidance sets forth an employer's legal obligations regarding reasonable accommodation; however, employers may provide more than the law requires.
Drug or alcohol abuse is defined as an intense, regular, or binge consumption.
For instance, some drug addicts and alcoholics can function at work even after things have declined at home.The Accommodation and Compliance Series is a starting point in the accommodation process and may not address every situation.Accommodations should be made on a case by case basis, considering each employees individual limitations and accommodation needs.Of the 6.8 million persons classified with dependence on or abuse of illicit drugs, 4.2 million were dependent on or abused marijuana, 1.5 million were dependent on or abused cocaine, and 1.4 million were dependent on or abused pain relievers (Substance Abuse and Mental Health Services Administration, 2009).Among workers, 7.8 percent reported illicit drug use in the past month, and 1.9 percent were dependent or abusing illicit drugs in the past year.According to the 2003 National Survey on Drug Use and Health, an estimated 21.6 million persons aged 12 or older in 2003 were classified with substance dependence or abuse (9.1 percent of the total population).Of these, 3.1 million were classified with dependence on or abuse of both alcohol and illicit drugs, 3.8 million were dependent on or abused illicit drugs but not alcohol, and 14.8 million were dependent on or abused alcohol but not illicit drugs.The Americans with Disabilities Act (ADA) Amendments Act of 2008 was signed into law on September 25, 2008 and becomes effective January 1, 2009. Because this law makes several significant changes, including changes to the definition of the term "disability," the EEOC will be evaluating the impact of these changes on this document and other publications. 12112 (b)(5)(A) (1994) (it is a form of discrimination to fail to provide a reasonable accommodation "unless such covered entity can demonstrate that the accommodation would impose an undue hardship . If you are on a personal connection, like at home, you can run an anti-virus scan on your device to make sure it is not infected with malware.If you are at an office or shared network, you can ask the network administrator to run a scan across the network looking for misconfigured or infected devices.