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

26 Pages Posted: 9 May 2019

See all articles by Leslie P. Francis

Leslie P. Francis

University of Utah - S.J. Quinney College of Law

Date Written: 2019

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

Suggested Citation

Francis, Leslie P., Illegal Substance Abuse and Protection From Discrimination in Housing and Employment: Reversing the Exclusion of Illegal Substance Abuse As a Disability (2019). Utah Law Review, Forthcoming; University of Utah College of Law Research Paper . Available at SSRN: https://ssrn.com/abstract=3384949 or http://dx.doi.org/10.2139/ssrn.3384949

Leslie P. Francis (Contact Author)

University of Utah - S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States

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