Understanding the Rights of a Recovering Addict

Have you ever wondered what laws protect people from discrimination as they recover from an addiction? People who are in recovery from abusing drugs or alcohol are protected from discrimination in regard to housing, employment, government services, and education.

The laws that protect those in recovery include:

• The Americans with Disabilities Act (ADA)
• The Rehabilitation Act of 1973
• The Fair Housing Act (FHA)
• The Workforce Investment Act (WIA)

Why would someone in recovery be protected under these laws? These acts protect people with disabilities. If someone can show a record of impaired functioning in major life activities due to past substance abuse, these laws apply to them. There have been several cases that have come before the courts that have used these laws to protect those recovering from substance abuse. However, if people are currently engaged in illegal drug use, they are not protected under these acts. The only exception to this is in the matter of health services. It is illegal to deny someone medical care because they are abusing substances. Another exception to the use of these laws is if someone poses a threat to themselves or other people. If there is danger, these non-discrimination laws do not apply.

How do these laws protect employees with substance abuse issues? A person in recovery cannot be denied a job because of their history of substance abuse. However, these laws do not require an employer to hire someone if they are not qualified for the job. If a person cannot perform the essential tasks of the job or is unable to do the job, it is not considered discrimination to deny someone a job. These non-discrimination laws also protect people from being fired because of a substance abuse issue. However, if there is a safety issue or the person has committed a crime (even in the context of their addiction) they can be terminated from employment. These laws also require employers to provide “reasonable accommodations” if they are needed. An example of this would be allowing the person flexible work hours so that they can attend treatment. However, if the modification would cause the employer significant financial hardship or be too difficult to accommodate, the employer is exempt. 

How do these laws protect against housing discrimination? A landlord cannot deny someone housing because they have a history of illegal drug use. However, if someone is actively using illegal drugs, they can be turned down for an apartment or house. There are exceptions to this rule as stated in the Quality Housing and Work Responsibility Act. If someone has been evicted in the past from public, federally assisted, or Section 8 housing because of criminal activity involving drugs (selling or using), they are barred from obtaining housing in these locations for a period of 3 years. The time period for this denial can be shortened if the person completes a drug abuse treatment program. A landlord also has the right to evict people if they are using either alcohol or drugs in a way that disrupts the community’s health, safety, or right to enjoy a peaceful residence.

How do these laws protect against discrimination in government services and programs? People cannot be turned down for services (such as training programs or social services), benefit programs (such as welfare or student loans), or other governmental activities (such as permits) due to an addiction-related disability. Again, there are exceptions to these discrimination laws. If someone has been convicted of a felony related to drugs, they cannot receive food stamps or other cash assistance from the government. However, there are 12 states that have overturned this ban, and another 21 states that have modified the ban so that someone can become eligible again once they have gone through treatment. Federal student loans are also not available to a person who has been convicted of a felony drug charge. The length of this ban depends on the number and types of drug offenses. Additionally, states have the right to suspend driver’s licenses if someone commits a substance-related driving offense.

What should someone do if they feel they have been discriminated against because of their history of addiction? A person can start by filing a complaint with the Office of Civil Rights. This usually must be done within 180 days of the incident. Additionally, you can file a lawsuit in Federal or State Court. If you win the lawsuit, you may be eligible for compensation, and organizations may be required to modify their response to your disability. Please see http://www.pfr.samhsa.gov/docs/know_your_rights_01.pdf for a more detailed discussion of non-discrimination law and substance abuse.

See also:

• 10 Signs of Relapse
• Choosing to Forgive an Addict
• Who Becomes an Addict?

Please note: This article is not written by an attorney and should not be considered legal advice. The specifics of these laws vary by state. If you have a question about your legal rights, you should contact an attorney.