Can an employer refuse to hire someone based on a history of alcoholism or illegal drug use?

The chosen answer highlights a critical aspect of employment law concerning discrimination against individuals with a history of alcoholism or illegal drug use. According to the Americans with Disabilities Act (ADA), alcoholism is considered a disability, meaning that individuals cannot be discriminated against solely based on their history of substance use, provided they are not currently engaging in illegal substance use or abusing alcohol. This protection is designed to encourage recovery and reintegration into the workforce.

Employers must therefore demonstrate that any employment decisions involving individuals with a history of substance use are based on legitimate business needs rather than biases or stereotypes. For example, if a prospective employee had completed rehabilitation and was otherwise qualified for the position, the employer could not refuse employment simply based on their past substance abuse.

Having an understanding of these protections helps foster a fair employment environment and can significantly impact hiring practices. It emphasizes the importance of creating policies that support individuals' opportunities to work, which can benefit society as a whole.