How Should Employers Deal with Increased Substance Abuse and Addiction in the Wake of the Pandemic?

    The physical and economic toll that the Covid-19 pandemic has had on so many individuals around the world has been overly obvious and abundant as millions of people have experienced financial and physical hardships over the last two and a half years. However, the impact that the pandemic has had on the mental health of individuals has, at large, been overlooked in many ways.

    Many Americans are battling anxiety, depression, addictions, and substance abuse in the wake of the Covid-19 pandemic, in part, stemming from the prolonged period of stress, isolation, the aforementioned physical and financial struggles, and coping with the illness and deaths of loved ones. The mental health struggles of many individuals are being brought to light recently as Covid-19 guidelines and regulations continue to dissipate and more companies and employers are bringing workers back into the office.

    What obligations and responsibilities do employers have in this growing concern? Well, under the Americans with Disabilities Act (ADA), substance use disorder (or addiction) is considered a mental impairment that qualifies as a disability. However, the Equal Employment Opportunity Commission (EEOC) takes the positions that not all addiction automatically safeguards a worker from disciplinary actions or constitutes an obligation for accommodation. For example, workers with an addiction to illegal substances are not protected by the ADA or EEOC. Employers need to also consider the increased enforcement of the Mental Health Parity and Addiction Equity Act (MHPAEA).

    Employers facing issues within their business with addiction, substance abuse, or mental health need to contact an attorney specializing in employment law as soon as possible to ensure compliance with the ADA, EEOC, and MHPAEA are all sufficient and satisfied to avoid fines, penalties, or worker lawsuits.                                                                                                                                                                                                                                                                                                                                                                                                                                             *The information published by Catholic Benefit Plans & Catholic Benefits Law is available for informational purposes only and is not considered legal advice on any subject matter. By viewing blog and social media posts, the reader understands there is no attorney-client relationship between the reader and the blog publisher. This information should not be used as a substitute for legal advice from a licensed professional attorney, and readers are urged to consult their own legal counsel on any specific legal questions concerning a specific situation. The completeness or accuracy of a particular post may be affected by changes in the law (statutes, regulations, rulings, court decisions, etc.) that occur after the date on which a particular post is written.

Consult an employee benefits / church plan / ERISA lawyer that has experience serving the unique needs of Catholic dioceses and religious communities.