ADA Protections for Substance Use Disorders

Thursday, April 10 | 3:00 PM – 4:00 PM Eastern Time |12:00 PM – 1:00 PM Pacific Time

Webinar Host: San Diego Law Library (California)

About the Webinar:
At the height of the pandemic, we saw sharp increases in alcohol and substance abuse in the U.S. and an increase in behavioral health disorders. More than 70% of individuals with alcohol or drug use continued to maintain employment. Over 22 million Americans are currently in recovery from alcohol and other drug use disorders. (Source: Working on addiction in the workplace, Harvard Health Blog). The percentage of people aged 12 or older in 2022 who misused opioids in the past year was higher among Multiracial (4.5 percent), Black (4.1 percent), Hispanic (3.4 percent), or White people (3.0 percent) than among Asian people (1.5 percent). The percentages of American Indian or Alaska Native people (5.4 percent) or Native Hawaiian or Other Pacific Islander people (5.0 percent) who misused opioids in the past year were not statistically different from percentages among other racial or ethnic groups. (Source: Key Substance Use and Mental Health Indicators in the United States: Results from the 2022 National Survey on Drug Use and Health)

There are thousands of people in recovery from addiction who are unaware of their civil rights under the Americans with Disabilities Act (ADA). The ADA ensures that people with disabilities, including those with alcohol use disorder and substance use disorders, have the same rights and opportunities in the workplace.

This session describes how the ADA addresses alcohol and substance use disorders differently. It will also introduce how the ADA applies to addiction and recovery during three phases of employment: pre offer, post offer, and employment. These differences will be illustrated with scenarios about alcohol, opioids, cocaine and marijuana.

Learning Objectives:

Understand the ADA’s definition of disability and how it applies to addiction and recovery.
Recognize how the ADA applies to people with addiction to alcohol and those in recovery from opioids and other drugs.
Discuss the questions and approaches that can be used during the three stages of employment (interview and application, post offer and pre-employment, and during employment).

About the Speaker:

Barry Whaley, M.S. is a Project Director and Principal Investigator at the Burton Blatt Institute, Syracuse University. His current projects are the Southeast ADA Center, The Council on Access and Mobility Technical Assistance Center Project, the Kentucky Supported Higher Education Project, the Mid-Atlantic Youth and Self-Advocacy Project, and the Inclusive Public Space Project. For forty-four years he has worked toward equitable access for people with disabilities in our country and worldwide. His research has been published in peer-reviewed journals, including The Journal of Vocational Rehabilitation, Laws, and the Journal of Forensic Science & Addiction Research. His current research examines the impact of race and disability, on three ADA-related issues: 1) employment, 2) access to digital technology, 3) long and short-term poverty. Mr. Whaley is qualified in federal district court to give expert testimony on applicable guidance and industry standards for accommodating people with disabilities in the workplace.

MCLE: One hour of participatory General MCLE credit. For MCLE Credit, attorneys must enter their California State Bar number when registering.

Cost: FREE

Registration: REGISTER HERE

After registering via our Zoom portal, you will receive a confirmation email from Zoom with the login information. Please check your spam/junk folder.

Attendance Certificate: Once we verify attendance via the login and log out times, you will receive an emailed Attendance Certificate from refdesk@sdlawlibrary.org. This may take up to 24 hours, please check your spam/junk folder.

Web: https://sandiegolawlibrary.org/event/ada-protections-for-substance-use-disorders-general-mcle