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