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Legal Rights & Resources

Empowering your recovery journey

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General information only — not legal advice. Laws vary significantly by state and locality. Always consult a licensed attorney in your state for advice specific to your situation. Many offer free consultations, and legal aid is available at no cost for those who qualify.

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Know Your Rights

Federal law protects people in recovery from discrimination. Understanding these protections is the first step to claiming them.

Americans with Disabilities Act (ADA)

42 U.S.C. § 12101 et seq.

What the ADA Covers

The ADA protects people in recovery from addiction — meaning those who are no longer using illegal drugs and are currently participating in a supervised rehabilitation program, or who have completed such a program. Current illegal drug use is NOT protected, but recovery status is.

What Employers CAN Ask

Employers may ask whether you can perform the essential functions of a job. They may conduct post-offer drug testing. They may ask about current illegal drug use.

What Employers CANNOT Ask

Employers cannot ask about your history of addiction before a conditional job offer. They cannot withdraw an offer solely because you are in recovery (if you are not currently using). They cannot require disclosure of past substance use treatment as a condition of employment.

What This Means for You

You are not required to disclose your recovery status during a job interview. If you do disclose and face discrimination, you may have a legal claim. The EEOC enforces these protections — complaints can be filed at eeoc.gov within 180-300 days of the discriminatory act.

This is a simplified overview of the ADA. Protections vary based on employer size (15+ employees), whether use was recent, and state law. Consult an employment attorney for your specific situation.