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MFIP Employment Services Manual

MFIP Employment Services Manual


7.33 Accommodating Disabilities

ISSUE DATE: 09/2020

Participants with a disability must receive employment plans that accommodate the disability.


People are considered to have a disability if the condition (including mental illness or, under some circumstances, chemical dependency) affects 1 or more basic life functions, including the ability to work.

  • · People with disabilities have the right to participate in, and benefit from, the MFIP program.
  • · The disability must be documented. This could be in a medical opinion form or in other documents or communications from a medical or behavioral health professional.


    • Inform participants of their rights to reasonable accommodations under the Americans with Disabilities Act. See 4.24 (Americans With Disabilities Act).

    How to make accommodations:

  • · Seek consultation and advice from the professional who assessed the participant about activities within the participant’s capacity.
  • · Tailor activities to meet the needs of the participant with a disability.
    For example:
    Job search could be limited to certain geographical areas for a participant whose recovery from drug dependence would be compromised if he/she is required to look for work in certain neighborhoods.
  • · Do not require a participant with disabilities to accept a job that aggravates a condition or requires skills which the disability prevents the participant from acquiring.
    For example:
    A participant with a stress-related mental disorder should not be required to accept a position which will increase exposure to stress because of a demanding workload or constant deadline pressures.
  • · Include fewer hours of work or work activities in the plan if needed to accommodate the disability.


    • Federal law recognizes chemical dependency as a disability under certain conditions.

    The requirement to make accommodations applies for:

  • · Participants who do NOT currently use illegal drugs or abuse legal drugs (including alcohol and/or prescription drugs) and who meet 1 of the following situations:
  • · Have successfully completed a drug rehabilitation program.
  • · Are participating in a supervised drug rehabilitation program.
  • · Participants using illegal drugs or abusing legal drugs but who have another documented disability.


    • There is no requirement to make accommodations if participants without any other disabilities:

  • · Use, possess or distribute illegal drugs.
  • · Abuse legal drugs.


    • The ADA also forbids discriminating against someone because he/she is assumed to be illegally using drugs and that assumption is wrong.

    Do whatever is reasonable to facilitate assessment, treatment, and ongoing recovery.

    Additional Resources:

  • · The American Disabilities Act, see 4.24 (Americans With Disabilities Act).
  • · Guidance issued by the Office of Civil Rights at the U.S. Department of Health and Human Services.
  • · Also, see 24.27 (Disability Criteria for SSI Benefits).

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