Legal Update: DOJ Issues Guidance on Opioid Addiction and the ADA

On April 5, 2022, the U.S. Department of Justice (DOJ) issued guidance on how the Americans with Disabilities Act (ADA) can protect individuals with opioid use disorder (OUD) and other drug addictions from discrimination.

Preventing discrimination based on drug addiction is an important part of the DOJ’s efforts to combat the opioid epidemic.

Highlights:

• Addiction Under the ADA
  • The ADA generally protects individuals with OUD and other drug addictions from discrimination as long as they are not engaged in “current illegal use of drugs.”

• Prescription Drugs
  • The use of prescribed medications, including those to treat OUD, is not considered illegal if supervised by a licensed health care professional.

• Drug Testing
  • The ADA does not prohibit employers from drug testing or otherwise enforcing reasonable policies that prohibit current illegal drug use.

Click here to learn more and download this Legal Update