Medically reviewed by Kevin Wandler, MD, Chief Medical Advisor
Many people in recovery from addiction worry that their history could cost them a job or keep them from being treated fairly. The Americans with Disabilities Act (ADA) offers important protections for many people with substance use disorders, especially those who are in recovery. Those protections have clear limits, though, and understanding both sides can help you make informed decisions.
This is general information, not legal advice. For questions about your situation, consider speaking with an employment attorney.
How the ADA Views Substance Use Disorders
The ADA protects people with disabilities from discrimination in employment, state and local government services, and public accommodations such as businesses and health care providers. A substance use disorder can be a disability under the ADA when it substantially limits one or more major life activities.
The ADA draws an important line between past and current use. People who are currently using illegal drugs aren’t protected based on that use. People in recovery from drug addiction, and people with alcohol use disorder, may be protected.
Who Is Generally Protected
- People who have completed a treatment program, or who are otherwise in recovery, and aren’t currently using illegal drugs
- People currently participating in a supervised treatment program and not currently using illegal drugs
- People who are mistakenly regarded as using illegal drugs
- People with alcohol use disorder, subject to the conduct and performance standards described below
Where Protections End
The ADA doesn’t require employers to ignore substance use at work. Employers can generally:
- Prohibit the use of alcohol and illegal drugs in the workplace
- Require that employees not be under the influence at work
- Hold employees with alcohol use disorder to the same performance and conduct standards as other employees
- Take action based on current illegal drug use
- Test for illegal drug use, since the ADA doesn’t treat these tests as medical examinations
“Current” use isn’t limited to the day of a test. It can include recent use that suggests an ongoing problem.
Medication for Opioid Use Disorder
People who take legally prescribed medication for opioid use disorder, such as buprenorphine or methadone, as part of treatment are generally not considered to be currently using illegal drugs because of that medication. The U.S. Department of Justice has issued guidance explaining that blanket policies excluding people who take these medications may violate the ADA. Employers can still address genuine safety concerns through an individualized assessment. Learn more about medication-assisted treatment and opioid addiction treatment.
Reasonable Accommodations in Recovery
If you’re protected under the ADA, you may be able to request a reasonable accommodation. For people in recovery, accommodations might include:
- A modified schedule to attend treatment, therapy or support meetings
- Time off for treatment, when reasonable
- Temporary adjustments to duties during early recovery
Accommodations are worked out through an interactive process between you and your employer. Your employer may ask for documentation, and it doesn’t have to provide an accommodation that would cause undue hardship. Under Title I of the ADA, these employment protections generally apply to employers with 15 or more employees.
It helps to make requests in writing, describe what you need and why, and keep copies. You don’t have to use legal language, but being clear about the connection between your request and your health makes the conversation easier.
What Employers Can Ask and When
The ADA limits medical questions at different stages of employment. Before a job offer, employers generally can’t ask whether you’ve ever been treated for addiction, though they may ask about current illegal drug use. After a conditional job offer, an employer may require a medical exam or ask health questions if it does the same for everyone entering that job category, and the information must be kept confidential.
Once you’re employed, disability-related questions and medical exams generally must be job-related and consistent with business necessity. A specific, documented concern about safety or performance is different from general curiosity about your history.
Beyond the Workplace
The ADA also applies to state and local governments and to businesses open to the public, including many health care providers. For example, a provider generally can’t refuse to serve someone solely because they’re in recovery or taking prescribed medication for opioid use disorder.
Texas Law
Texas has its own employment discrimination law that includes disability protections and is generally interpreted in line with the ADA. Complaints can be filed with the U.S. Equal Employment Opportunity Commission or the Texas Workforce Commission Civil Rights Division. Filing deadlines are short, so act promptly if you believe your rights were violated.
Protecting Your Recovery
Legal protections work well alongside a strong recovery plan. Continuing care, such as outpatient treatment and aftercare planning, can help you manage work stress and stay on track. If you’re concerned about drinking, our alcohol addiction treatment page explains available care. If you’ve been drinking heavily, don’t stop suddenly on your own, since alcohol withdrawal can be life-threatening and needs medical supervision.
Frequently Asked Questions
Is alcoholism a disability under the ADA?
Alcohol use disorder can be a disability under the ADA, but employers can still require employees to meet the same conduct and performance standards as everyone else.
What happens if I relapse?
Current illegal drug use isn’t protected. Seeking help quickly is important for your health, and some employers have return-to-work policies. An attorney can explain how the law may apply.
Does the ADA protect me during rehab?
People participating in a supervised treatment program who aren’t currently using illegal drugs are generally protected.
Do I have to tell my employer about my recovery?
Generally no, unless you’re requesting an accommodation. In that case, you may need to share enough information to show why the accommodation is needed.
Get Support for Your Recovery
If you’re ready for treatment or need continuing support, we’re here to help. Review our insurance options, contact us, or call (469) 546-9303 24/7.