Drug use can help manage physical or mental disabilities. It is against the law to discriminate against a person because of disability.There are some limited exceptions and exemptions.
Example: It could be unlawful discrimination if an employer refuses to hire the best candidate for the job because it was discovered that the prospective employee was taking anti-depressant medication to treat depression where the medication did not affect the candidate’s ability to do the job.
Some cases of drug addiction are covered by the definition of disability in the Disability Discrimination Act.
Example: It could be unlawful discrimination if a hotel refuses to serve a person who has an addiction to methadone.
Drug addiction can lead to impairment of physical and mental capacity. The definition of disability under the Disability Discrimination Act includes the total or partial loss of a person’s bodily or mental functions. The Act does not exclude disability that has been caused by a drug addiction.
It is not unlawful to discriminate against an employee on the basis of disability if the person cannot perform the inherent requirements of a job after reasonable adjustments have been made.