An employee with previously good attendance and performance reviews is exhibiting increased incidences of tardiness,...

TheADA (Americans with Disabilities Act)protects individuals with a history ofsubstance use disorders if they are not currently engaging in illegal use. HR must balance ADA obligations with the organization'sdrug-free policies. Referring to both thelaw(ADA) andinternal policyensures that actions are consistent, legally sound, and defensible.

Extract from HRCI-aligned HR knowledge (Employee Relations and Engagement/ Legal Compliance):

SPHR-level practitioners are expected to apply federal laws (e.g., ADA, FMLA) in investigating employee issues. “When substance abuse is suspected, HR must ensure that responses follow the organization’s policy and are ADA-compliant,” especially in maintaining confidentiality, allowing for accommodations, and following due process before disciplinary action.