Can Merlin and Nabil Be Considered Individuals with Disabilities under the Americans with Disabilities Act?

Understanding Merlin and Nabil's Background

Merlin is a former drug addict who has successfully completed a supervised drug-rehab program. On the other hand, Nabil used drugs casually in the past but not to the extent of addiction. Both Merlin and Nabil are employees at Omni Insurance Company. The question arises whether they can be considered individuals with disabilities under the Americans with Disabilities Act (ADA) of 1990.

Analysis of Disability Status

Based on the information provided, Merlin could potentially be considered a qualified individual with a disability under the ADA. His history of drug addiction, especially if it led to dependence or required supervised treatment, might be viewed as a physical or mental impairment that substantially limits major life activities.

On the other hand, Nabil's past casual drug use alone does not automatically qualify him as an individual with a disability under the ADA. The Act focuses on current impairments that substantially limit major life activities, not past behaviors or potential risks.

ADA Criteria for Disability

According to the ADA, a "disability" is defined as a physical or mental impairment that significantly limits one or more major life activities. While Merlin's past addiction history might meet this definition, Nabil's past drug use may not unless it resulted in a substantial and current limitation.

Conclusion: Disability Status

Therefore, based on the analysis, the most likely scenario is that OA is Merlin only. This means that Merlin could be considered a qualified individual with a disability under the Americans with Disabilities Act, while Nabil does not meet the criteria solely based on his past drug use.