Which individuals are protected under the ADA in relation to substance abuse?

The Americans with Disabilities Act (ADA) provides protection to individuals with disabilities, which includes those who have a history of substance abuse but are no longer engaging in illegal drug use. This means that recovering addicts and alcoholics who have completed rehabilitation programs are protected under the ADA because they have a history of disability related to their previous substance abuse, and their recovery process qualifies them for protection against discrimination.

In the context of workplace rights and various other scenarios under the law, it is important to emphasize that these individuals may have successfully rehabilitated themselves and are no longer using illegal substances. Therefore, they are entitled to the same rights as others without disabilities.

In contrast, current casual users of drugs are not protected because their active use constitutes a current substance use disorder, which prevents them from being classified as individuals with a disability under the ADA. Additionally, individuals who have never used drugs have no history of substance abuse to qualify for protection, and those using prescription medicine are generally not considered under the ADA in the context of illegal drug use unless those prescriptions are for a legitimate medical purpose and are not being abused.