When people consider pursuing addiction treatment, one thing that may cause them to hesitate is their disability status (when that is applicable). Disability and rehabilitation, though, can co-exist and be balanced in one’s life. This status does not need to be a reason why someone turns away from rehabilitation. Treatment is extremely important and is life-changing, helping clients reach their fullest potential. First Steps Recovery works to assist clients as they navigate their new environment and stay on track while on disability.
However, it is important to understand how disability and rehabilitation can co-exist and how to navigate employment while covered under the Americans with Disabilities Act (ADA). Many elements factor into the balance of the two, but keeping one’s sight set on healing and recovery is beneficial for one’s personal and work lives. First Steps Recovery is here to help clients understand their situations clearly and help them create better lives.
Disability and Rehabilitation: Know Your Rights
When first considering and beginning treatment as someone with a disability, it is important to know one’s rights. There are many rights one should know about related to the ADA and another act called the Rehabilitation Act. Knowing these rights will help someone manage their disability and rehabilitation journey.
The Americans With Disabilities Act
The ADA prohibits discrimination due to one’s disability status. Those protected by the ADA are those with a disability or those who have close association with someone with a disability. Disability is defined as one with a physical or mental impairment that significantly impacts major life activities. It can also be defined as a person who has a history of impairments or someone who is perceived by others as having an impairment.
Employers are not allowed to discriminate in recruitment, hiring, promotions, training, pay, social activities, or other employment privileges. All employers are also restricted from questioning one’s disability before a job offer is made, and they must make reasonable accommodations for known limitations.
While this is specifically related to employment, the ADA also has Titles II, III, and IV that cover public transportation, public accommodations, and telecommunications relay services for clients to review and consider.
Substance Abuse and the Americans With Disabilities Act
Under the ADA, workplaces are required to be drug-free and alcohol-free alongside complying with other federal laws and regulations regarding drugs and alcohol. The ADA covers those with former addictions. This includes those who have successfully rehabilitated and no longer engage in drug or alcohol use, those who are currently in a rehabilitation program and no longer engage in use, and those who are regarded by mistake as illegally using drugs. Former drug addicts may also be protected under the ADA, but this does not apply to those who have casually used drugs without an addiction or substantial limitation.
Those recovering from drug or alcohol abuse are protected from discrimination in the workplace and employment process. There are several legal obligations for employers and employees as well. These include the following:
- A person who is currently engaging in illegal drug use does not qualify for disability.
- An employer cannot discriminate against a person with a history of drug addiction and who is currently not using drugs due to rehabilitation.
- Employers can prohibit the illegal use of drugs and alcohol in the workplace.
- An employer can give drug tests (this is not a violation of the ADA).
- Employers can discharge or deny employment to those currently engaging in illegal drug use.
- Those who use drugs or alcohol may be required to meet the same standards of performance and conduct as others.
- Employees may be required to follow the Drug-Free Workplace Act of 1988 as well as federal agency rules.
Disability and Rehabilitation: The Rehabilitation Act
Another law that protects those with disabilities is the Rehabilitation Act. This act prohibits discrimination due to disability within programs connected to federal agencies or receiving assistance from them, including federal employment and contracting. Certain sections of this act, specifically 501 and 503, require affirmative action and nondiscrimination or prohibition of discrimination in employment.
Section 504 furthers this by explaining that “no qualified individual with a disability in the United States shall be excluded from, denied the benefits of, or be subjected to discrimination under” federal programs or assistance. Each agency has its own Section 504 that deals with accessibility, communication, and accommodations for those with disability. Section 508 is specific to electronic accommodations.
How Does First Steps Recovery Assist Clients in Their Work Lives?
First Steps Recovery assists clients as they begin their healing journeys and work toward a stable, healthy life. This includes assisting clients as they navigate employment. According to the ADA and the Rehabilitation Act, clients must engage in their recovery journeys seriously.
Rehabilitation at First Steps Recovery often begins with a detoxification program. In this program, clients live on the treatment center campus for the duration of treatment. This environment provides a structure that allows clients to solely focus on their improvement with recovery. In this environment, clients can develop healthy coping mechanisms, learn about relapse-prevention strategies, and discover how to live sober lives. Rehab or residential treatment care (RTC) is gender specific and has an onsite physician alongside 24/7 nursing, psychological assessments, psychotherapy, group therapy, case management, and safe transport.
First Steps Recovery then provides aftercare services and an alumni program to ensure clients stay on track with their sober lifestyle. Through these services, First Steps ensures clients have the services and tools to help them overcome challenges. When transitioning back into work and regular life, these services can help clients ground themselves in the present moment, cope with stress, and avoid having a relapse.
Here at First Steps Recovery, we help clients through every step of their recovery process. Addiction is not easy to cope with, especially when it begins to impair one’s work life. Rehabilitation and treatment provide clients with stability and guidance as they navigate their newly sober lives. We help clients understand their rights in the workplace to ensure a smooth transition back into employment. Knowing the ADA and Rehabilitation Acts helps clients navigate the world better as newly sober individuals. All elements of creating a productive life in recovery are addressed at our facility. To learn more about disability and rehabilitation, or specifically about our residential treatment program, please call us at (844) 489-0836.
Dr. Curl is the Medical Director and primary on-site provider for First Steps Recovery. He is a Board Certified Internist and Addiction Medicine Specialist having attended the David Geffen School of Medicine at UCLA and completing his residency at Mount Auburn Hospital with Harvard Medical School. Following several years work as an internist and physiatrist (physical medicine and rehabilitation). Dr. Curl completed the Addiction Medicine Fellowship at Howard University in Washington DC and participated as a RAM Scholar (Research in Addiction Medicine). While part of the fellowship, Dr. Curl pursued research investigating the barriers to expanding and improving medication for opioid use disorder. Following his fellowship, Dr. Curl spearheaded the Opiate Use Disorder outpatient clinic and worked in the Department of Psychiatry and Behavioral Sciences within the Howard University Hospital. In 2023, Dr. Curl completed his Board Certification in Addiction Medicine.
