Employees seeking treatment for addiction are protected by a number of federal and state laws
that ensure they are not discriminated against or unfairly treated because of their addiction or
their participation in treatment. These protections are important to ensure that employees are
able to access the care they need to recover and continue to contribute to the workforce.
The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against
individuals with disabilities, including addiction. The ADA requires employers to provide
reasonable accommodations to employees with disabilities, unless doing so would pose an
undue hardship on the employer. This can include allowing employees to take time off for
treatment or providing accommodations that allow employees to continue working while in
treatment.
Additionally, the Family and Medical Leave Act (FMLA) allows eligible employees to take up to
12 weeks of unpaid leave per year for the treatment of a serious health condition, including
addiction. The FMLA also requires that employers maintain an employee’s health benefits
during their leave.
Several states have their own laws that provide additional protections for employees seeking
treatment for addiction. For example, the California Fair Employment and Housing Act (FEHA)
prohibits discrimination against employees with disabilities, including addiction, and requires
employers to provide reasonable accommodations for employees with disabilities. The FEHA
also prohibits employers from requiring employees to undergo drug testing as a condition of
employment, unless the employer has a reasonable suspicion that the employee is using drugs.
In summary, employees seeking treatment for addiction are protected by a number of federal
and state laws that ensure they are not discriminated against or unfairly treated because of
their addiction or their participation in treatment. These protections are important to ensure
that employees are able to access the care they need to recover and continue to contribute to
the workforce.
Sources:
- Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.
- Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.
- California Fair Employment and Housing Act, Cal. Govt Code § 12900 et seq.
