Navigating Employment, Housing, and Legal Rights in Recovery

If you are recovering from opioid use disorder (OUD), you deserve congratulations. You have done the hard work of deciding to treat your condition. But as you know, you need more than a pat on the back. You need support as you go down this new path.^1-3

You will need a secure job and a safe and affordable place to live. You may need healthcare services like recovery medicine and mental health treatment. And you will need time to make the many changes your new path requires.^1-4

However, you may find that employers, landlords, and medical professionals treat you differently than they treat others. They may judge you for your OUD and make it hard for you to get the support you need. This unfair treatment is called discrimination. Fortunately, you have the law on your side.^1-4

The law and OUD recovery

The law says that if you are recovering from or receiving treatment for OUD, you have a disability. A disability is a condition that limits your ability to carry out at least 1 major life activity.^1-4

The following laws dictate fairness rules around work, housing, and civil issues for people with a disability:^1-4

• The Americans With Disabilities Act (ADA)
• The Rehabilitation (Rehab) Act of 1973
• The Workforce Innovation and Opportunity Act

OUD recovery and work

The ADA is a very important law for people recovering from OUD. This law protects your right to get and keep a job – or return to a job – while you are in recovery. This includes:^1,2

• Applying for a job and managing the hiring process
• Getting training and merit-based promotions
• Getting fair pay and benefits
• Getting leave of absence if needed
• Being free from unfair discipline or firing

The ADA also protects you on the job by requiring employers to provide reasonable accommodations. That means you have the right to ask your employer for changes in how you do your job. For example:^1-4

• You might need to adjust your work schedule some days due to recovery-related issues.
• You may need to take time off for treatment appointments.
• You may need to change how you work, including light duty or working from home.

Workplace challenges

Even with ADA protection, you may face challenges at your workplace. If your employer knows about your past OUD, they might treat you differently than other employees. The same applies if they find out you are on recovery medicines. This type of treatment may be called medication for opioid use disorder (MOUD) or medication-assisted treatment (MAT).^1-4

If you decide to tell your employer about your situation:^2,5

• Ask your doctor for a letter confirming your ability to do your job.
• Make a private appointment with the Human Resources director. They can support and encourage you. They also may be able to direct you to an employee assistance program (EAP). EAPs provide free assistance with managing stress and challenges with work, family, health, and finances.
• Inform the Human Resources director that you are committed to your treatment, recovery, and job.
• Explain any needed adjustments to your duties.
• Next, give your boss a letter stating your return date. Make sure to offer to check in with them often.

Recovery medicines and your job

MOUD, or MAT, is a clinically proven way to help people stop using opioids. But those who do not understand this type of treatment may try to force you off your meds. This is against the law.^1,2,4

For example, this challenge may happen at work during a regular drug test. The law allows employers to drug test their employees before or after they start their job. But taking MOUD may make your drug test come back positive. Again, it is important to be prepared:^1,2

• Have a letter from the doctor who put you on the recovery medicines.
• The letter should explain why you are on the drugs and confirm that they do not interfere with your work.
• The letter should state your length of treatment and affirm your stability.

OUD recovery and housing

Unfortunately, finding housing may be difficult too. But having a safe place to live is a basic tool in recovery. In fact, the Fair Housing Amendments Act of 1988 says that landlords cannot treat you differently than others. But you still may face obstacles:⁴

• Landlords without OUD recovery knowledge may try to refuse your housing application.
• If your background check shows any time in prison, your landlord may feel you will be a poor tenant. The Department of Housing and Urban Development (HUD) argues against this judgment, but not everyone agrees.
• Since Black and Hispanic/Latino people are more often imprisoned for OUD, they face more post-prison housing difficulties than other racial groups.
• Many people recovering from OUD cannot afford their area’s average rent.
• While special housing exists for those in OUD recovery, many neighborhoods protest against it.
• Some recovery houses do not allow residents to take any drugs, even MOUD.

What to do if you face discrimination

Employers, landlords, and any other businesses or service providers who treat you unfairly are acting against the law. If they refuse to help you get a job, a place to live, or healthcare and social services, stand up for your rights. Here are some things you can do:^1-7

• Contact the Equal Employment Opportunity Commission.
• Download the Legal Action Center’s MOUD toolkit. Their resources include:
• Letters to educate officials about MOUD, including those in the criminal, child welfare, and employment system
• Samples of successful court cases
• Letters your doctor can use to defend your use of MOUD
• MOUD facts to help your attorney defend you
• File an ADA discrimination complaint with the Department of Justice online or by mail.
• Contact the Department of Health and Human Services (HHS) Office for Civil Rights for healthcare and social services issues. You can file a complaint, get fact sheets, and share videos with healthcare or social services officials.
• File a private lawsuit under the ADA by calling 800-5124-0301.
• Call the Substance Abuse and Mental Health Services Administration (SAMHSA) at 800-662-4357 to get support.

If you are recovering from opioid use disorder (OUD), the law is on your side. The ADA protects your right to fair treatment at work and while seeking healthcare and housing. You also have the right to use MOUD to help you recover. Your best strategy for moving forward through recovery is to stand up for those rights using the contacts and tools listed above.^1-4