Know Your Rights ARE YOU IN RECOVERY FROM ALCOHOL OR DRUG PROBLEMS?

[usarmymedic1]

KNOW YOUR RIGHTS UNDER FEDERAL LAWS THAT PROTECT YOU FROM DISCRIMINATION IN -
Employment and job training
Housing
Government services and programs
Health care and other public accommodations
Education.
KNOW THE LEGAL CONSEQUENCES OF SUBSTANCE USE-RELATED CONDUCT THAT MAY LIMIT YOUR RIGHTS AND OPPORTUNITIES IN AREAS SUCH AS -
Public housing and other federally assisted housing
Federally funded public assistance and food stamps
Federal student loans and aid.
KNOW WHAT YOU CAN DO TO –
Prevent or remedy violations of your rights under Federal non-discrimination laws
Overcome legal barriers that other laws may impose due to past or current substance use-related conduct, including convictions for substance use offenses.
THE FEDERAL NON-DISCRIMINATION LAWS THAT PROTECT YOU
Q: I am in recovery from substance abuse, but I still face discrimination because of my addiction history. Does any law protect me?

A: Yes. 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 by:

The Americans with Disabilities Act (ADA)
The Rehabilitation Act of 1973
The Fair Housing Act (FHA) and
The Workforce Investment Act (WIA).
[back to TOC]

WHO IS PROTECTED?
The non-discrimination laws discussed in this brochure protect individuals with a “disability.” Under these Federal laws, 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, working, etc.
has a record of such a substantially limiting impairment or
is regarded as having such an impairment.


Whether a particular person has a “disability” is decided on an individualized, case-by-case basis.
Substance use disorders (addiction) are recognized as impairments that can and do, for many individuals, substantially limit the individual’s major life activities. For this reason, many courts have found that individuals experiencing or who are in recovery from these conditions are individuals with a “disability” protected by Federal law.
To be protected as an individual with a “disability” under Federal non-discrimination laws, a person must show that his or her addiction substantially limits (or limited, in the past) major life activities.
People wrongly believed to have a substance use disorder (in the past or currently) may also be protected as individuals “regarded as” having a disability.



WHO IS NOT PROTECTED?
People who currently engage in the illegal use of drugs are not protected under these non-discrimination laws, except that individuals may not be denied health services (including drug rehabilitation) based on their current illegal use of drugs if they are otherwise entitled to those services.
People whose use of alcohol or drugs poses a direct threat—a significant risk of substantial harm—to the health or safety of others are not protected.
People whose use of alcohol or drugs does not significantly impair a major life activity are not protected (unless they show they have a “record of” or are “regarded as” having a substance use disorder—addiction—that is substantially limiting).


WHAT IS, AND IS NOT, ILLEGAL DISCRIMINATION?
Discriminating against someone on the basis of his or her disability—for example, just because he has a past drug addiction or she is in an alcohol treatment program—may be illegal discrimination. Discrimination means treating someone less favorably than someone else because he or she has, once had, or is regarded as having a disability.
Acting against a person for reasons other than having a disability is not generally illegal discrimination, even if the disability is related to the cause of the adverse action.
For instance, it is not likely to be ruled unlawful discrimination if someone in substance abuse treatment or in recovery is denied a job, services, or benefits because he –

does not meet essential eligibility requirements
is unable to do the job
creates a direct threat to health or safety by his behavior, even if the behavior is caused by a substance use disorder
violates rules or commits a crime, including a drug or alcohol-related one, when that misconduct is cause for excluding or disciplining anyone doing it.
Since the basis for the negative action in these cases is not (or not solely) the person’s disability, these actions do not violate Federal non-discrimination laws.



EMPLOYMENT
Q: Are people in treatment for or in recovery from substance use disorders protected from job discrimination?

A: The answer in many cases is “yes.” The Americans with Disabilities Act and the Rehabilitation Act prohibit most employers from refusing to hire, firing, or discriminating in the terms and conditions of employment against any qualified job applicant or employee on the basis of a disability.

The ADA applies to all State and local governmental units, and to private employers with 15 or more employees.
The Rehabilitation Act applies to Federal employers and other public and private employers who receive Federal grants, contracts, or aid.
Rights
In general, these employers

May not deny a job to or fire a person because he or she is in treatment or in recovery from a substance use disorder, unless the person’s disorder would prevent safe and competent job performance.
Must provide “reasonable accommodations,” when needed, to enable those with a disability to perform their job duties. Changing work hours to let an employee attend treatment is one kind of a reasonable accommodation. (But if an accommodation would cause the employer undue hardship—significant difficulty or expense—it is not required.)
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.
Limits
The non-discrimination laws protect only applicants and employees qualified for the job who currently are not engaging in the illegal use of drugs.

“Qualified” means that a person meets the basic qualification requirements for the job, and is able to perform its essential functions—fundamental duties—with or without a reasonable accommodation.
Remember: people who pose a direct threat to health or safety, or have committed misconduct warranting job discipline, including termination, are not protected.
Medical Inquiries & Examinations
As a general rule, employers:

May not use information they learn about an individual’s disability in a discriminatory manner. They may not deny or treat anyone less favorably in the terms and conditions of employment if he or she is qualified to perform the job.
Must maintain the confidentiality of all information they obtain about applicants’ and employees’ health conditions, including addiction and treatment for substance use disorders.
Before making a job offer, employers may not ask:

Questions about whether a job applicant has or has had a disability, or about the nature or severity of an applicant’s disability. Pre-offer medical examinations also are illegal.
Whether a job applicant is or has ever abused or been addicted to drugs or alcohol, or if the applicant is being treated by a substance abuse rehabilitation program, or has received such treatment in the past.
Employers may ask job applicants:

Whether the applicant currently is using drugs illegally
Whether the applicant drinks alcohol
Whether the applicant can perform the duties of the job.
After making a job offer, employers may:

th rest of the info is in my journal

[Savas]

Unfortunately employers aren't stupid, they know your rights. Generally they'll either make up a semi plausible excuse or fire you over something intangibly hard to disprove like "motivation levels". So when protecting your rights assume your employer WILL lie and break the law and plan accordingly.

[usarmymedic1]

most insurance place's have a list of pre-existing conditions that they will not pay for. but at some point in time it may be a year they can't deny treatment 2nd to time with the policy. but since addiction is a mental diagnosis it is covered under ADA. still they can put any condition on the list becouse it is a contract that you are signing and by signing it you agreeto the terms. that is the way I understand it. most lawyers give a free consultation were you can ask these question. or call you stat congressman and ask him about it there might be somthing in the state that nullifies the terms due to the nature of the ADA. there are a few companies that try this becouse most people don't fight it.

chris

[lovepat906]

The way I understand it, Drug Addiction is a "disability" and therefor treatment for it cannot be denied as a preexisting condition. When my son contacted the Insurance Company and asked them about it, they told him that his company had this one year exemption... I don't get it at all but I am not good at reading these laws or interpreting them and we certainly can't afford a lawyer- not with all his treatment expenses. The woman at the clinic who applies for insurance reimbursement - and is very good at it- is scratching her head about it too. They told her the same thing. Right now my son is going through a tough time trying to detox- and as he is easily agitated- I cannot push him to call the insurance co and ask for documentation etc and of course they will not talk to me... I guess I will sic my old man on it- he can pretend to be my son and MAYBE get some answers or something in writing that makes sense.  Unfortunately he is not very assertive so he may not push hard enough to get real answers. I was hoping someone here would maybe know what the scoop is on that. If drug treatment is overed by your health insurance- can it be denied as a " pre-existing condition" if you were getting treatment and paying out of pocket before you got the insurance??? Any body know?

[usarmymedic1]

that would have to be in writing  Iwould ask for a copy of it and no that does not sound right that some how they have a exemption from the ADA it is  law not a regulation. that would be like some being given the right to robbery for a one year term??? who gave it to them?? that is fedral so it would have to come from the fedral goverment and that does not sound right.  Now they may have the right not to pay due to pre-existing condition unless you can prove that it was exsaserpated(sp) by the job.. I would be asking alot of questions to the insurance company and ask to see the paper giving them the exemtion status it might be a job for a lawyer one that is ADA Lawyer. also you can contact your senitor state or fedral would be able to explain it. look at the contract to see if it is in there also. I hope this helps  

[lovepat906]

My son's innsurance co.- Aetna-  refused to cover his Addiction related Drs. appointments- determining his needs to be "a pre-existing condition" When questioned about it they told him that his company has a year's exemption from the ADA regs in this regard... Does that mean he can apply at the end of his first year of employment? Or a year after he first applied for coverage? Any way to find all this out? Doesn't seem right to me... lovepat