Two fairly prominent politicians have been in the news lately for using illegal drugs. Although neither is in Ohio, disability discrimination laws do have something to say about employees battling drug or alcohol addiction in Ohio workplaces.
Earlier this month, Toronto Mayor Rob Ford was forced to admit smoking crack cocaine after a drug probe led to extortion charges for his friend. Toronto City Council has since stripped Ford of most of his responsibilities, but he remains in office. This week, Congressman Trey Radel (R-Florida) was arrested for buying cocaine in a drug sting. He quickly announced that he is taking a leave of absence to pursue drug rehabilitation instead of going to jail.
If these two worked for private employers in Ohio, would they be able to protect their jobs by claiming addiction or going to rehab? Probably not.
As a general rule, Ohio employers are of course permitted to prohibit the use of illegal drugs or alcohol in the workplace. Employers can also forbid employees from showing up to work under the influence of illegal drugs or alcohol. For those Ohio employees whose jobs involve the use of machinery or other safety concerns, employers can regulate even the otherwise-legal use of prescription drugs on the job.
The use of drugs or alcohol in the Ohio workplace gets a little trickier when the employee has an addiction problem. Addiction can be a protected disability under the federal Americans with Disabilities Act and its Ohio counterpart Chapter 4112 of the Ohio Revised Code. But addiction is protected only when the employee is not currently engaging in the illegal use of drugs or alcohol. That means the employees has not been using drugs or drinking for at least several weeks, and probably longer. Simply claiming to be an addict and checking into rehab after getting caught does not protect the employee. On the other hand, employees who have completed rehabilitation and are not currently using drugs or drinking are entitled to protection from discrimination.
While Ford and Radel ultimately work for their constituents, they cannot be “fired” in the traditional sense like employees working for a private employer. Whether these two politicians will weather the political storm and keep their jobs, or be re-elected, remains to be seen. In the meantime, if they worked for a private employer in Ohio, the disability discrimination laws would not protect their jobs.
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