Understanding ADA Protections for Substance Use Disorder and Alcohol Use Disorder

By
Dr. Lisa Kugler

Musings from the Field 

Did you know that individuals diagnosed with a diagnosis Substance Use Disorder (SUD) or Alcohol Use Disorder (AUD) are protected under the Americans with Disabilities Act (ADA)? For nearly 35 years, the ADA has been law, yet most people, if asked whether addiction falls under its protections, would likely say no. Why? Because this information hasn’t been widely shared, even though it can be life-changing for those in recovery. 

After treatment or justice involvement, structure and routine are critical for early recovery. Knowing your rights under ADA can help you maintain that stability while pursuing employment and rebuilding your life. 

What Does ADA Protection Mean for Addiction? 

Under the ADA: Employers cannot legally deny employment because of a substance or alcohol use disorder. If you are on medication for recovery and need a consistent schedule, employers must make reasonable accommodations. Many employers don’t realize that addiction is a protected condition under ADA. This lack of awareness can create unnecessary barriers for individuals seeking to re-enter the workforce. 

Know Your Rights: Quick Checklist 

  • You cannot be denied employment solely because of a past or current diagnosis of SUD or AUD (if you are not currently taking substances illegally). 

  • You have the right to reasonable accommodations, such as flexible scheduling for medication-assisted treatment. 

  • Employers cannot terminate you for participating in a legitimate treatment program. 

  • You have the right to confidentiality regarding your medical condition. 

  • If discrimination occurs, you can file a complaint with the U.S. Equal Employment Opportunity Commission or seek legal advocacy. 

What This Means for Job Seekers 

Navigating employment with a history of addiction can feel daunting. Disclosing your condition may reopen old wounds. But doing so can also educate employers and demonstrate that addiction is a treatable chronic condition, just like diabetes or hypertension. Individuals with SUD or AUD have rights; similar to those with any other chronic illness. Advocates can play a vital role in this process, ensuring employers understand ADA requirements. If legal representation isn’t an option, even a strong advocate willing to communicate with the employer can make a significant difference. 

Important Caveats 

ADA protections have nuances, especially regarding active substance use versus recovery status.

For a detailed breakdown, visit How the ADA Addresses Addiction and Recovery

Final Thoughts 

Living in recovery is about more than abstinence; it’s about reclaiming your life and your rights. Understanding ADA protections can empower you to pursue employment confidently and advocate for accommodations that support your health and success. 

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