Are people in treatment for or in recovery from substance use disorders protected from job discrimination?
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. (B
