Can You Be Fired for Going to Substance Abuse Treatment?

We love to celebrate achievements and milestones. We applaud cancer survivors. We are in awe of people who lose weight. We cheer marathon runners. Yet, people who are in recovery from drug dependence are often met with poor treatment.

Anyone who has been dependent upon an illicit drug feels the shame of addiction. Even if they have undergone treatment and are well into recovery, they realize that a social stigma exists in which they would be characterized as low life, undisciplined, dirty people. This characterization persists even though addiction affects all socio-economic groups. Anyone, no matter their age, gender, background, or circumstances, can find themselves trapped in addiction. No one sets out to be addicted to a substance. It could happen to any of us.

Imagine that you participate in drug dependence treatment at a reputable facility. You relapse after a few months and have the good judgment to re-enter the program. You get back on your feet. Because you live in a small rural town, anonymity is not possible. Everyone knows of your struggles. Are you celebrated for your achievement or could you lose your job?

I recently heard of someone who was asked to resign from a job that he held for years after his treatment became known. His job was his passion, pride, and joy. He was told that his contract would not be renewed because his addiction was a liability. To his knowledge, he had never received a complaint about his role and had never received warnings or disciplinary action before being asked to resign. I heard of another person who felt she was denied a promised promotion after it became known that she was arrested for a drug charge. That charge was later dropped.

Is that legal? Can you be fired or demoted for going to rehab? The decision to enter treatment is a tough one. A substance use disorder is considered a medical condition. You’re eligible under the FMLA (Family Medical Leave Act) if you’ve worked for your employer at least 12 months, if you have worked for a minimum of 1,250 hours over the past 12 months, and if you’re employed at a site where the company employs 50 or more workers within 75 miles. If you fit these criteria you may take a leave for medical reasons and receive up to 12 weeks of unpaid time off from work annually without the risk of losing your job.

The ADA (Americans with Disabilities Act) is a federal law that prohibits discrimination against employees who have disabilities. (Keep in mind that an “individual with a disability” doesn’t include a person who is currently using illegal drugs.) Under the ADA, an employer can terminate an employee if they are using drugs or alcohol on the job, if substance use impacts performance or productivity, or if substance use creates unsafe conditions on the job. The law doesn’t look at past transgressions due to drug and alcohol misuse. If you seek treatment voluntarily, you can’t be fired for going to rehab or be fired for past mistakes due to drug and alcohol use.

If you believe you have been discriminated against at work after getting treatment, you can file a charge against your employer with the US Equal Employment Opportunity Commission.

I don’t mean to minimize the significance of impaired workers. 10 percent to 25 percent of the American population is sometimes on the job under the influence of alcohol or some illicit drug. The social and economic costs of substance abuse in America are staggering. I wouldn’t tolerate it in my business. Employees who use drugs or alcohol are required to meet the same standards of performance and conduct that are set for other employees. However, an employer may not discriminate against a person who has a history of drug addiction but who is not currently using drugs and who is in recovery.

Addiction stigma prevents too many people from getting the help they need. This is only one reason that only one in ten Americans receives professional care for addiction. Addiction is a medical problem, not a moral issue. It affects people who are every bit as moral, productive, intelligent, and talented as the next person. We are all flawed human beings and should be treated equally, with understanding and respect.