Are Employees Recovering from Opioid Addiction Protected from Discrimination?

There are many protections in place to prevent discrimination in the workplace, but are there any protections for those addicted to opioids?

What the ADA Says about Addiction

The Americans with Disabilities Act (ADA) offers no protection for the ongoing use of illegal narcotics.

However, those who are in recovery do have protection. It doesn’t matter whether the person is using medication-assisted therapy or has gone cold turkey, he or she has protection from discrimination. Substance abuse disorders and the use of methadone to treat opioid addiction are legally considered disabilities.

This is significant because many people use prescription opioid medication when recovering from addiction. Medication-assisted therapy, which most often includes methadone or buprenorphine, helps control cravings for opioids and reduces other withdrawal symptoms. But taking it means you’ll fail a drug test, which will likely raise questions in the workplace.

Despite failing a drug test, using medication-assisted therapy to recover from an addiction protects you from discrimination. Terminating someone solely based on drug test results linked to opioid addiction treatment violates the ADA.

Employers Must Provide Accommodates to Help You with Recovery

According to the ADA, your employer must provide you with a reasonable accommodation if you have a disability. This means if you are using opioid medication under the direction of a physician, you cannot be denied or terminated from a job unless it’s impossible to safely and effectively perform your job duties.

Your employer must find ways to provide you with reasonable accommodation. In many cases, this means only disregarding a positive drug test. For example, your employer must allow you to attend therapy sessions, doctor’s appointments, and all other forms of treatment related to recovery.

Keep in mind, this doesn’t mean your employer must lower their expectations for you. You must still be able to meet your performance and/or production standards. They also don’t need to eliminate any of your essential functions or pay you for work you aren’t able to perform.

But there are several things you can ask them to do, including:

• Alter your work schedule
• Take extended unpaid lead for treatment
• Work in another open position

Know Your Rights in the Workplace If You are Battling Opioid Addiction

Opioid use continues to be a problem in many parts of the country and affects people in all industries. Some believe problems with addiction will rise as a result of the COVID-19 pandemic. Employees must understand their rights when it comes to addiction and recovery. Acts of discipline or punishment are banned if you are pursuing recovery. This is true even if treatment includes taking drugs that would otherwise be an issue in the workplace. You have a right to reasonable accommodation and a right to be free from discrimination.

According to data from New York City, there were approximately 30,000 city residents in methadone treatment in 2016. About half were over the age of 45 years of age. They are a vital part of the city’s workforce and deserve the same protections that anyone else with a disability receives.

If you would like more information or you have questions about dealing with discrimination or harassment in the workplace that’s linked to recovering from drug addiction, we can help. Contact Borrelli & Associates, P.L.L.C. to schedule a consultation to discuss your case.