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Medically Reviewed

Is Addiction a Disability? Understanding Your Rights

- 8 sections

Medically Reviewed: January 24, 2025

Medical Reviewer

Chief Editor

medically-verified

All of the information on this page has been reviewed and verified by a certified addiction professional.

Addiction is a chronic and progressive disease that affects millions of Americans each year. According to the Substance Abuse and Mental Health Services Administration (SAMHSA), 48.5 million people struggled with a substance use disorder in 2023.[1]

Substance use disorders can impair your ability to function in your daily life, both physically and mentally. You might become unable to perform normal tasks, experience mental health impacts, deal with physical health concerns, and experience social stigma or discrimination. Because of these factors, addiction is considered a disability.

The Americans With Disabilities Act (ADA) is a law that protects people with disabilities from discrimination.[2] It provides rights in areas like education, housing, employment, and more. Drug addiction is considered a disability under the ADA, proving its legitimacy.

The ADA protects addiction, so you cannot face discrimination for your substance use disorder in the workplace, education institutions, or housing situations. For example, an employer cannot fire you because they found out you went to an addiction treatment program. Knowing your rights under the ADA can allow you to stay protected from discrimination, receive accommodations, and provide you with legal recourse in certain situations.

What you will learn:

  • Whether addiction is considered a disability
  • How the ADA defines a disability
  • What protections does the ADA offer individuals with addiction

Is Addiction Considered a Disability?

Addiction is considered a disability for a variety of reasons. First, it causes both physical and mental impairment, affecting your ability to perform everyday tasks.

The factors that cause substance use disorders to be classified as a disability include:

  • Impaired Functioning- Addiction causes impairments in cognitive and emotional functioning. This causes people to have trouble thinking, making decisions, and controlling behaviors. It can also make it difficult to perform everyday tasks like self-care, holding down a job, or maintaining relationships.
  • Chronic and Relapsing Nature- Addiction is considered a long-term and chronic condition. Substance use disorders cause uncontrollable urges and cravings that lead to frequent relapses. The chronic nature of addiction makes it similar to other disabilities like mental illnesses or physical impairments.
  • Physical and Psychological Effects- Addiction causes significant physical and psychological harm. You could experience health problems, withdrawal symptoms, and mental health issues like depression, anxiety, or even psychosis. This makes it classify as a disability because it impacts one’s ability to function normally in society.
  • Treatment Needs- Like other disabilities, addiction requires long-term and ongoing treatment to recover. Treatment might involve medical detox, therapy, counseling, medication, and support groups.

In other words, addiction causes physical and mental impairment that substantially limits one’s ability to function in daily life. This means substance use disorders are disabilities.

How Does the ADA Define a Disability?

A person has a disability under the ADA if they:[3]

  • Have a physical or mental impairment that limits one or more major life activities
  • Has a history of physical or mental impairment that limited major life activities (e.g. someone in remission from cancer or recovered from substance abuse)
  • Is regarded as having such an impairment by others

To explain, major life activities include things like caring for oneself, performing physical tasks, seeing, hearing, walking, breathing, learning, working, reading, and more. If your addiction causes you to be unable to care for yourself properly, it may be considered a disability.

Substance Abuse and the ADA: Knowing Your Rights

The ADA protects individuals from being discriminated against based on their disability. It also ensures people are provided with accommodations that help them succeed despite their disability. Addiction is considered a disability under the ADA, which means you are afforded certain protections and rights.

Employment

The ADA protects you from discrimination in the workplace when you have a history of addiction. For example, an employer cannot fire you if they find out you attended rehab in the past. They also cannot terminate your employment if you ask for time off to attend treatment.

That said, you can be fired if you are engaging in the illegal use of drugs currently. The ADA protects you from being discriminated against due to your addiction, however, if you are found to be using drugs on the job your employer can terminate you.

Education

The ADA helps ensure students receive reasonable accommodations for their disabilities.

Examples of accommodations students with addiction can receive include:

  • Reduced course load while a student is attending drug and alcohol rehab
  • Extended deadlines for assignments when the student is experiencing addiction-related issues
  • Access to counseling and support services
  • Absence flexibility to miss classes or exams when addiction treatment sessions interfere with the student’s ability to attend
  • Peer support programs

Educational accommodations for students with addiction are provided on a case-by-case basis depending on your needs. It might violate the ADA if you are refused accommodations from an educational institution.

Housing

Individuals with disabilities like addiction are covered under the ADA for housing discrimination. For example, you are protected from discrimination in housing, including sober living homes and halfway houses. If a halfway house tries to refuse your participation because you are taking medication-assisted treatment (MAT), they would be violating the ADA.

Legal Recourse

If you believe you have been discriminated against due to your addiction in any capacity, you have legal recourse under the ADA. You can file a complaint with the Department of Justice or bring a private lawsuit forward with a lawyer.

Get Connected to a Top-Rated Drug and Alcohol Rehab Program

If you or a loved one suffers from addiction, it’s time to seek professional help. Since the ADA protects you from discrimination, you do not have to worry about losing your job when you attend drug and alcohol rehab.

Contact PAX Memphis to get connected with a reputable addiction treatment program near you.

References:

  1. The Substance Abuse and Mental Health Services Administration (SAMHSA): Highlights for the 2023 National Survey on Drug Use and Health
  2. The U.S. Department of Justice (DOJ): Introduction to the Americans with Disabilities Act
  3. ADA National Network: The Americans With Disabilities Act, Addiction, and Recovery for State and Local Governments