Expand protections under the Americans with Disabilities Act
Recommendation
Congress should amend the Americans with Disabilities Act (ADA) (42 U.S.C. § 12114) so that individuals with substance use disorders (SUDs) are afforded the same protections as those with other medical conditions, regardless of whether they are currently using illegal drugs or alcohol.[1] Titles I and II of the ADA should be interpreted and enforced to limit discrimination and maximize employment opportunities for individuals with mental health and substance use disorders (MH/SUD).[2] Additionally, the law’s protections should apply to insurance, including disability and life insurance, to prevent discrimination against people with MH/SUD.
Background/summary
The Americans with Disabilities Act protects people with disabilities from discrimination in areas such as employment, state and local government activities, public transportation, commercial facilities, and telecommunication services.[3] Both employers (Title I) and state and local governments (Title II) are required to make reasonable accommodations to give people with disabilities an opportunity to take advantage of all available job opportunities, resources, and services.[3] It is critical for these protections to be interpreted and enforced to protect people with MH/SUD and maximize their access to employment opportunities.[2] Currently, an employee or applicant actively engaging in illegal drug use is not protected.[4] This increases stigma and discrimination against people with SUDs.[5] In addition, certain mental health conditions, such as anxiety and depression, can make it difficult for people with MH/SUDs to access disability or life insurance.[6] While the ADA includes essential protections for people with disabilities, steps must be taken to ensure individuals with MH/SUD are afforded the same protections as those with other medical conditions.[1][7]
citations
1. The Kennedy Forum. Recommendations of Congressman Patrick J. Kennedy to the President’s Commission on Combating Drug Addiction and the Opioid Crisis. Last Updated October 2017.
2. The Kennedy Forum. Navigating The New Frontier of Mental Health and Addiction: A Guide for the 115th Congress. Last Updated 2017.
3. U.S. Department of Justice, Civil Rights Division. Guide to Disability Rights Laws. Last Updated February 28, 2020.
4. Cornell Law School, Legal Information Institute. 42 U.S. Code § 12114 - Illegal use of drugs and alcohol. (n.d.)
5. National Institutes of Health, National Library of Medicine, National Center for Biotechnology Information. Ending Discrimination Against People with Mental and Substance Use Disorders: The Evidence for Stigma Change. Last Updated August 3, 2016.
6. Kilroy, Ashley. Life Insurance Options For People With Disabilities. Forbes. Last Updated November 14, 2022.
7. The Kennedy Forum. ADA Anniversary Sparks Need for Renewed Focus on Mental Health Equity. Last Updated July 22, 2020.