7/29/20
Addiction and Substance Abuse • Addiction – current or past is • Substance Use
considered a disability • Factual considerations
• Protects a person in recovery who is no longer engaged in illegal use of drugs • Illegal: • Use of illegal drugs – heroine/cocaine • Use of Rx medications • No valid or a fraudulent prescription; or • Using more than prescribed • Legal use is protected by ADA but taking more than prescribed may not be covered
• Can require employee to meet same standards of other employees • Need not make accommodation to support/enable drinking but
may need to make accommodation for rehabilitation
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Does ADA apply? • Answer: It Depends • Ownership • Tribe – probably not • Tribal Entity – Depends – Structure/organization/purpose • Factual considerations
• Documents
• Tribal Constitution • Indian Civil Rights Act • Ordinances • Gaming compacts • Various documents
• Generalized exceptions • Application of other law
• Employment applications • Letters of employment • Employment contracts • MOU/MOA with agencies that require compliance in exchange for funding
• Tribal Custom/Tradition
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