Back to blog
1 min readBy ACWI

ADA Covering Opioid Users

The Department of Justice issued a guidance for employers on how to deal with opioid use disorder (OUD) under the Americans with Disabilities Act. But the guidance raises almost as many questions as it answers, says Fiona W. Ong, an attorney with the law…

The Department of Justice issued a guidance for employers on how to deal with opioid use disorder (OUD) under the Americans with Disabilities Act. But the guidance raises almost as many questions as it answers, says Fiona W. Ong, an attorney with the law firm of Shawe Rosenthal.

DOJ says drug addiction is considered a disability under the ADA only as long as the individual is not currently using illegal drugs. The ADA regulations exclude the “illegal use of drugs that occurred recently enough to justify a reasonable belief that a person’s drug use is current or that continuing use is a real and ongoing problem.”

Ong notes, “The DOJ, as well as the Equal Employment Opportunity Commission, are taking a more aggressive approach to the definition. Thus, the DOJ states that, although those engaged in the current illegal use of drugs are not protected by the ADA, those in treatment or recovery from OUD are (subject to ADA protections).”

Employers may conduct drug testing for opioids. However, an employee who tests positive because they are taking legally prescribed opioids may not be fired or denied employment unless they cannot do the job safely and effectively or they are disqualified under another federal law, such as Department of Transportation regulations.

Employees taking legally prescribed opioids may be entitled to a reasonable accommodation if the condition causing the pain requires treatment with opioids, Ong points out.

“Such accommodation could include allowing the use of opioid medications, although as noted above, such use cannot prevent the safe and effective performance of the job or violate some other law. But even in that case, employers may need to consider transferring the employee to an open position that would permit such use, if no other reasonable accommodation is available.”

Originally published June 15, 2022 · updated March 21, 2023.

Related reading

Browse all posts →
7 min

ACWI Spotlight: May 2026

HELLO MAY! Dear Members, We welcome May with a lot of global uncertainty — the tariffs that were imposed are now in the process of refunding, oil prices are at record highs, and the four-year transportation recession seems to be behind us. Manufacturing is coming back to America, Mexico just passed China as the #1 exporter to the U.S., and our team is positioning members to take advantage of both shifts…

5 min

ACWI Spotlight: April 2026

WELCOME SPRING! Dear Members, I know many of our members are welcoming Spring after a long hard winter. As you are reading this, I am attending the IWLA Conference in San Antonio, Texas. The IWLA is actually 20 years older than us and is the oldest Warehouse…

1 min

ACWI: Warehousing for Mid-Tier Companies

https://vimeo.com/1165350849?fl=pl&fe=sh Conversations at Manifest 2026: American Chain of Warehouses President Chris Kane was recently featured in a discussion with Russell W. Goodman , Contributing Editor at SupplyChainBrain, highlighting the evolving role…