Is Addiction Considered A Disability?

Content Reviewed By:

Andrew McKenna - JD

SUD treatment executive, national news contributor & keynote speaker.

Navigation:

• What Qualifies as a Disability? 
• Is Drug Addiction Considered A Different Disability Than Alcohol?
• Benefits of ADA Eligibility 

Updated: 04/12/2024

In some circumstances, addiction is considered a disability. This is an important designation because it can help determine what kind of treatment coverage you’re eligible for, how it can impact your job and career, and other important professional and lifestyle factors. While organizations vary in how they assist or manage employees who are struggling with substance use disorder, the Americans with Disabilities Act (ADA) provides precise and prescriptive protections for people who fall under this category. Many types of substance use disorder don’t fall under the disability category, so it’s essential to understand the criteria and your rights in each circumstance.

What Qualifies as a Disability? 

Under the ADA, a person with a disability includes someone who: 

• Has a physical or mental impairment that substantially limits one or more major life activities, e.g., someone with bipolar disorder, diabetes, or addiction to alcohol. 
• Has a history of an impairment that substantially limited one or more major life activities, e.g., someone who is in remission from cancer or someone in recovery from the illegal use of drugs.

Life activity criteria include, but are not limited to walking, seeing, caring for oneself, learning, thinking, communicating, as well as the operation of bodily functions, such as neurological and brain functions. Addiction qualifies as a disability because it creates serious and lasting changes in the brain’s chemistry or develops through neurobiological means. It is an impairment that affects the brain and neurological functions.

Is Drug Addiction Considered A Different Disability Than Alcohol?

Understanding the difference between disability designation of alcohol and drug use is critical. Currently, the ADA considers both past and present alcohol addiction (meaning those who are actively struggling and those who are in recovery) as a disability. In the context of drug addiction, the ADA only protects people in recovery who are no longer engaging in the current illegal use of drugs.

Under the current language, these are the terms that describe “illegal use of drugs” and “recovery”:

Illegal drug use:

• Use of illegal drugs such as heroin or cocaine
• The misuse of prescription medications such as opioids or morphine where the person has no prescription, has a fraudulent prescription, or is using more medication than prescribed

Recovery means one of the following:

• In recovery and no longer engaged in the illegal use of drugs
• Participating in a supervised rehabilitation program and is no longer using drugs illegally

“Current” illegal use is defined as:

• The use of the drugs occurred recently enough to have a reasonable belief that a person’s drug use is a real and ongoing problem
• When a person fails a drug test or indicates, they may fail such a test

Drug use duration isn’t limited to days, weeks, or months, but each situation is decided on a case-by-case basis. Examples of ADA eligibility may include people who have been clean for multiple years without any setbacks or relapse incidents or someone who is currently using opioid maintenance medications like Suboxone as part of an approved treatment program. 

Benefits of ADA Eligibility 

Disability designation under the ADA offers many protections that can impact your ongoing recovery. These include, but are limited to, accommodations related to:

• The legal system 
• Child protective services 
• Housing and shelter 
• Healthcare 
• Workplace treatment 

It can be difficult to fully understand where you fall under ADA eligibility designations or whether your addiction is considered a disability. The ADA website provides information on your rights and responsibilities and allows you to access any legal documents you may need to leverage the ADA’s power and benefits in your continued recovery from substance use disorder.