Apr 3, 2015 | By Tim Powers

Knowing Your Legal Rights As A Person In Recovery

Family Resources for Addiction

For those people who are in active recovery from substance abuse, it signifies a new chapter in life which is filled with opportunities, healing and hope.

While this new journey is rewarding and exciting, it also comes with its share of obstacles. While our understanding of addiction and recovery has changed significantly over the past few decades, the stigma that surrounds addiction is still very prevalent in our society.

Whether you are newly recovered or have years of clean time, you have many things that may worry you, and one that is common among addicts is the fear of being discriminated against because of your addiction.

If you’re worried that your past substance abuse may affect whether you get housing, obtaining employment or keeping your current job, or if you feel that you have been discriminated against and want to reach out for some help, there are federal non-discrimination laws that are in place that protect you. Being knowledgeable of these laws will help empower you and give you the resources needed to combat discrimination.

What Are The Laws That Protect Me?

According to information provided by The U.S. Department of Health and Human Services:

“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...”

Among the laws that help protect those in recovery from discrimination include:

Americans with Disabilities Act

The Americans with Disabilities Act prohibits discrimation towards people with disabilities in employment, transportation and education among other areas. The federal agencies that help enforce this law includes the Equal Employment Opportunity Commission (EEOC), the Department of Transportation, the Federal Communication Commission (FCC) and the Department of Justice.

The Rehabilitation Act of 1973

The Rehabilitation Act of 1973  prohibits discrimination on the basis of disability in programs conducted by federal agencies as well as programs which receive federal financial assistance.  This includes all government agencies, federally-funded projects, K-12 schools and post-secondary schools such as state colleges, universities and vocational and technical colleges. Additionally, this act also bars the Federal government from procuring electronic and information technology products that are not fully accessible to those with disabilities.

The Fair Housing Act

The Fair Housing Act  protects people from discrimination of any kind in regards to renting, buying a home or procuring financing to purchase a home and specifically cover discrimination because of race, gender, and other disabilities (including past substance abuse addiction). Under this law, the following are among the actions that are prohibited:

• Refusing to rent or sell housing
• Making housing unavailable
• Set different terms, conditions or privileges for sale or rental of a dwelling
• Refusing to make a mortgage loan or denying information regarding mortgage loans
• Set different terms or conditions for purchasing a loan

The Workforce Investment Act

The Workforce Investment Act of 1998 provides funding towards programs that address the employment and training needs of adults, youth and those who were displaced from their previous jobs. This act prohibits discrimination on the grounds of race, color, religion, sex, and national origin. as well as on the grounds of age, disability, political affiliation or religious beliefs.

Who Is Not Protected Under These Laws?

There are situations in which people are not covered under these federal laws. In an article featured in Renew Magazine regarding rights and recovery:

“…those who are currently using illegal drugs are generally not protected under nondiscrimination laws, except that they may not be denied health services if they otherwise qualify for them…if you have a criminal record, chances are the federal laws already described won’t help if your employer decides not to hire you because of your record. But there are some exceptions. Although no federal law directly prohibits employment discrimination based on a criminal record, in some cases such discrimination has been found by the federal Equal Employment Opportunity Commission and courts to be race discrimination. In addition, some state laws make it illegal to ask about arrests that did not lead to conviction, and others have blanket policies against hiring people with criminal histories.”

Where Do I Turn If I Have Questions?

If you feel you have been discriminated against, or if you need further information on your rights as a recovering person and what the existing laws do and don’t cover, you have options to explore.

Many states have anti-discrimination laws that prohibit discrimination based on disability and help protect those in recovery. The Legal Action Center provides links to these laws that are on the books in many states. If your state isn’t listed you can Google search your state’s name along with the search phrase human rights laws.

The Legal Action Center also provides brochures, resources and other information regarding what employers, housing and other service providers can and cannot do, and other nationally recognized organizations such as the Substance Abuse and Mental Health Services Administration (SAMHSA) can provide you with the information, help and support you need.

Additionally, if you believe you have been or are being subjected to illegal discrimination, you should immediately consult an attorney or seek assistance from the federal agency responsible for addressing discrimination complaints.

By knowing your rights as a recovering person, you are taking a confident and bold step towards taking control of your life.