As employees continue returning to work in a post-pandemic era, employers are facing new and difficult challenges on a scale not experienced prior to March 2020. In particular, the COVID-19 pandemic has coincided with increased global rates of a variety of mental health challenges.
One such challenge has involved a reported increase in the use of alcohol and other drugs during the course of the pandemic. A May 2021 study found that nearly one-third of Americans reported increased alcohol consumption since the start of the COVID-19 pandemic, and 29% of drug users reported increase in drug use during the same period.
Of particular consequence to our readers, a quarter of those surveyed reported their drug and or alcohol use made it difficult to complete job duties and responsibilities, and nearly 20% reported missing work at least once per week due to substance use. When substance use disorder (SUD) impacts employees’ performance or otherwise disrupts the workplace, employers face challenges in navigating the often blurry line between imposing appropriate discipline and providing the help such employees need while remaining in compliance with legal obligations.
What many employers don’t realize is that SUD (also commonly called “addiction”) can qualify as a disability under the Americans with Disabilities Act (ADA) since it is a mental impairment that substantially limits one or more major life activities. Just because an individual with SUD may be disabled, however, they...
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