In some circumstances, many people are reluctant to obtain substance abuse treatment because they are concerned about their ability to obtain future employment or retain their employment.  In this article we will set forth some common questions and answers based on federal law.  Some states may also provide protection and you should consult your own state laws.  More information about the laws protecting substance abusers who obtain treatment can be found at the Substance Abuse and Mental Health Services website and by typing "anti-discrimination laws" into Google.
 
   Please remember that you will often need to seek the advice of a lawyer or of the federal agencies which are responsible for enforcing these laws to see if you are protected or have suffered unlawful discrimination.
 
   QUESTION: WHAT IS DISCRIMINATION?

    ANSWER:  Discrimination generally means treating someone less favorably than someone else because that person has or had a disability.
 
   QUESTION: WHO IS PROTECTED FROM DISCRIMINATION?
 
   ANSWER: Federal laws prohibit discrimination against qualified "individuals with disabilities." Generally, an individual with a "disability" is someone who has a current "physical or mental impairment" that "sub­stantially limits" one or more of that person's "major life activities," such as caring for one's self, caring for one's family or being able to work. 

    QUESTION: IF SOMEONE IS IN SUBSTANCE ABUSE TREATMENT OR HAD A SUBSTANCE ABUSE PROBLEM IN THE PAST, DOES THIS MEAN THAT THE PERSON QUALIFIES AS DISABLED?

    ANSWER:  The Americans with Dis­abilities Act ("ADA") applies to all government employers and to all private employees with 15 or more employees.  The ADA provides that an employer may not deny a job to an otherwise qualified person if the person is in treatment or is recovering from a substance addiction unless the person's "disability" would prevent the person doing a safe and competent job.

    QUESTION: WHAT IF I NO LONGER AM ADDICTED TO ILLEGALLY OBTAINED DRUGS BUT STILL USE ILLEGALLY OBTAINED DRUGS OCCASIONALLY?

    ANSWER: The anti-discrimination laws only protect applicants and employees who are not currently engaging in the illegal use of drugs.

    QUESTION: WHAT IF I TELL MY EMPLOYER ABOUT MY TREATMENT, CAN MY EMPLOYER PASS THIS INFORMATION ON TO OTHERS?

    ANSWER:  Your employer must keep confidential any medical-related information they discover about a job applicant or employee, including information about a past or present substance use disorder.
 
   QUESTION: CAN EMPLOYERS ASK ANY QUESTIONS RELATING TO MY PREVIOUS SUBSTANCE ABUSE OR MY SUBSTANCE ABUSE TREATMENT? 

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