Understanding Workplace Rights: ADA Protections for Addiction Recovery

September is the month dedicated to Addiction Awareness. This annual observance provides an important opportunity to educate, support, and advocate for those affected by addiction recovery. This can be especially significant to how it relates to workplace rights and protections.

The Supporting Sobriety Podcast

HCC’s Susan Rider, Director of Compliance and Human Resources Consultant was a guest on the podcast, “Supporting Sobriety” with Matt Blair and Ryan Hedrick. Throughout the deeply honest discussion, the three-spoke on important topics including Americans with Disabilities Act (ADA) workplace protections for those seeking help, job, and privacy protection while related to addiction, and rules to protect against job discrimination for those in recovery.

The powerful podcast is available on iTunes, here: 

Supporting Sobriety podcast

‎Supporting Sobriety Podcast: Episode 31 | Helping Your Addict Know Their Rights on Apple Podcasts

Addiction Awareness Month

Addiction Awareness Month serves as a focal point for education, destigmatization, support, and advocacy. It helps to dispel myths and misconceptions about addiction. By openly discussing addiction, the stigma can be reduced. Meanwhile, the focus can highlight available resources and support systems, and encourage policy changes and improved support structures.

While the podcast does not provide specific advice, organizations interested in more information can connect with HCC to find out more about employee education, policy review, and how to promote open dialogue about addiction and recovery. 

It’s important to understand that employees dealing with addiction have workplace rights and protections. While the ADA does not protect active drug or alcohol use at work, it does protect individuals who are genuinely seeking help for their addiction. People with a history of addiction are protected from job discrimination under the ADA.

The Americans with Disabilities Act provides a path for those in recovery that focuses on the importance of privacy for employees who disclose their addiction or seek help. While there can be “no tolerance” policies for substance abuse in the workplace, policies also need to be in place to prevent discrimination against those with a history of addiction.

What Your Company Can Do About Addiction

Companies can take active steps to support Addiction Awareness Month. A few recommendations include: 

  • Lunch and Learn Sessions: Organize educational sessions about addiction and recovery.
  • Resource Fairs: Host events showcasing local and national addiction support resources.
  • Policy Communication: Clearly communicate company policies regarding substance use and support for recovery.
  • Employee Assistance Program Promotion: Highlight the availability and confidentiality of EAP services.
  • Health Insurance Plan Reviews: Focus on Mental Health benefits and substance abuse treatment.
  • Short-term and Long-term Disability: Benefits can provide support for employees dealing with addiction, offering financial stability and job protection during the recovery process. 

If you or a colleague may be dealing with addiction in the workplace, it’s important to understand that addiction is a complex disease, not a moral failing. Be willing to listen and offer non-judgmental support. Maintain confidentiality if a colleague discloses their struggle with addiction. And, familiarize yourself with company and community resources for addiction support.

Creating Inclusive Workplaces for Recovery

Ultimately, every individual is responsible for their sobriety, but that doesn’t mean they don’t need help. Addiction Awareness Month each September provides a valuable opportunity to focus on this critical issue, especially in the context of the workplace. Understanding rights and protections available is necessary for navigating addiction and recovery in the workplace. Whether you’re an individual in recovery, a concerned colleague, or an employer, being informed about these issues can contribute to a more supportive and inclusive work environment. 

Commit to creating workplaces that are informed, supportive, and inclusive for those affected by addiction. Remember, recovery is possible, and a supportive work environment can play a crucial role in that journey.

For more help and direct advice for your workplace, contact Human Capital Concepts today.