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Addiction Articles
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The Substance Abuse and Mental Health Services Administration's (SAMHSA) Center for Substance Abuse Treatment (CSAT), via Partners for Recovery and the CSAT Office of Consumer Affairs, has sponsored the development of a Know Your Rights brochure to spread the word that Americans with substance use disorders are protected against discrimination. The Legal Action Center, leading national experts on the legal rights and responsibilities of people in treatment and in recovery from drug and alcohol problems, created the brochure.
The purpose of the brochure is to give people in treatment and in recovery, and their allies and advocates, the knowledge, tools and resources needed to protect and promote their rights and opportunities. Please note: This information is not intended to service as legal advice for any particular case involving or potentially involving discrimination.
The Know Your Rights brochure:
- Informs individuals about the legal rights and opportunities of people in treatment and recovery, and
- Provides strategies and resources to overcome illegal discrimination and other legal barriers facing those who have, or are in treatment and recovery from, drug and alcohol problems.
The brochure is designed for allies and advocates of treatment and recovery, including:
- People in alcohol or drug treatment and in recovery, their allies, supporters, and advocates,
- Providers and promoters of alcohol and drug services,
- Recovery support organizations, and
- Volunteer organizations, employers, governmental agencies, and others who care about or work with people in treatment for, and in recovery from, alcohol and drug problems.
Excerpts from the brochure:
Q: I am in recovery from substance abuse, but I still face discrimination because of my addiction history. Does any law protect me?
A: Yes. Federal civil rights laws prohibit discrimination in many areas of life against qualified “individuals with disabilities.” Many people with past and current alcohol problems and past drug use disorders, including those in treatment for these illnesses, are protected from discrimination by:
- The Americans with Disabilities Act (ADA)
- The Rehabilitation Act of 1973
- The Fair Housing Act (FHA) and
- The Workforce Investment Act (WIA).
(Consult the brochure about who is protected and who is not protected under these guidelines)
Q: Are people in treatment for or in recovery from substance use disorders protected from job discrimination?
A: The answer in many cases is “yes.” The Americans with Disabilities Act and the Rehabilitation Act prohibit most employers from refusing to hire, firing, or discriminating in the terms and conditions of employment against any qualified job applicant or employee on the basis of a disability.
- The ADA applies to all State and local governmental units, and to private employers with 15 or more employees.
- The Rehabilitation Act applies to Federal employers and other public and private employers who receive Federal grants, contracts, or aid.
Rights
In general, these employers
- May not deny a job to or fire a person because he or she is in treatment or in recovery from a substance use disorder, unless the person’s disorder would prevent safe and competent job performance.
- Must provide “reasonable accommodations,” when needed, to enable those with a disability to perform their job duties. Changing work hours to let an employee attend treatment is one kind of a reasonable accommodation. (But if an accommodation would cause the employer undue hardship—significant difficulty or expense—it is not required.)
- Must keep confidential any medical-related information they discover about a job applicant or employee, including information about a past or present substance use disorder.
Limits
The non-discrimination laws protect only applicants and employees qualified for the job who currently are not engaging in the illegal use of drugs.
- “Qualified” means that a person meets the basic qualification requirements for the job, and is able to perform its essential functions—fundamental duties—with or without a reasonable accommodation.
- Remember: people who pose a direct threat to health or safety, or have committed misconduct warranting job discipline, including termination, are not protected.
Q: Do I have the right to take medical leave from my job if I need it for substance abuse treatment?
A: Yes, in many workplaces, you do.
Rights
The Family and Medical Leave Act (FMLA) gives many employees the right to take up to 12 weeks of unpaid leave in a 12-month period when needed to receive treatment for a “serious health condition” —which, under the FMLA, may include “substance abuse.” The leave must be for treatment; absence because of the employee’s use of the substance does not qualify for leave.
- The FMLA covers Federal, State and local Government employers, public and private elementary and secondary schools, and private employers with 50 or more employees.
- To be eligible for leave under FMLA, you must have been employed by a covered employer for at least 12 months, worked at least 1,250 hours during the 12 months immediately before the leave, and work at a worksite where there are at least 50 employees or within 75 miles of that site.
- FMLA makes it illegal for employers to deny leave to or take action against an employee for requesting or taking leave.
- In some circumstances, denying an employee leave for substance use treatment may constitute a violation of the ADA or the Rehabilitation Act.
Limits
Neither the FMLA nor Federal non-discrimination laws make it illegal for an employer to fire or discipline an employee for a legitimate non-discriminatory reason, even when the employee is granted or entitled to leave under these laws or under the employer’s personnel policy. This means an employee who violates workplace rules or who uses drugs illegally still can be fired for those reasons.
Q: I need job training and placement services. Can I be denied that help because of my substance use history?
A: No, not in public (governmental) job training and placement programs, nor in private job placement services that receive Federal financial assistance.
The Workforce Investment Act (WIA) provides financial assistance for job training and placement services for many people through the One-Stop Career Center system. Section 188 of WIA and the other non-discrimination laws discussed in this brochure prohibit most job training and placement service providers from denying services to, or discriminating in other ways against, qualified applicants and recipients on the basis of disability—including people with past or current substance use disorders—who otherwise:
- meet the eligibility requirements for these services
and
- are currently not using drugs illegally.
For detailed and complete information about your rights, please consult the Know Your Rights brochure or contact the The Substance Abuse and Mental Health Services Administration's (SAMHSA) Center for Substance Abuse Treatment (CSAT), via Partners for Recovery and the CSAT Office of Consumer Affairs.
(Source: Jointogether.org and The Substance Abuse and Mental Health Services Administration's (SAMHSA) Center for Substance Abuse Treatment (CSAT), via Partners for Recovery and the CSAT Office of Consumer Affairs)
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