The following is a brochure that will help you:
http://www.pfr.samhsa.gov/docs/Press_Release_know_your_rights_brochure_4_2005.pdfKNOW 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 USERELATED
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).
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
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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 signifi cantly 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 –
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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.
To read the rest, I urge you to click this link:
http://pfr.samhsa.gov/docs/Know_Your_Rights_English_2007.pdf
