Illegal Substance Abuse and Protection From Discrimination in Housing and Employment: Reversing the Exclusion of Illegal Substance Abuse As a Disability

Abstract

Reversing the exclusion of illegal substance abuse from the definition of disability would enable individuals with substance abuse disorders who use illegal drugs to claim the protections of the ADA. It would thus put these individuals on a par with others with disabilities, rather than refusing to protect them from discrimination because of the character of the drugs that they use. It would reverse the assumption that people with substance abuse disorders that involve them in illegal drug use should be treated as criminals for the purpose of excluding them from any protections of anti-discrimination law.

Keywords: substance abuse disorder, ADA, disability law, illegal drug use, war on drugs

JEL Classification: I18, I14