The Americans with Disabilities Act and Substance Use Disorder: Rights, Responsibilities, and the Way Forward

Wednesday, April 12, 2023

8:00 AM – 9:15 AM

Location: A311-312 GWCC

Presenter(s)

Regina LaBelle, JD

Initiative Director & Distinguished Scholar
The O'Neill Institute at Georgetown University Law Center
Georgetown University
Washington, District of Columbia
Jennifer Mathis, JD

Deputy Assistant Attorney General
DOJ Civil Rights Division
Washington, District of Columbia
SD

Sarah DeCosse, JD

Assistant Legal Counsel, ADA & GINA Division, Office of Legal Counsel
U.S. Equal Employment Opportunity Commission

Moderator(s)

Daniel Blaney-Koen, JD

Senior Attorney
American Medical Association
Chicago, IL

Since 1990, the Americans with Disabilities Act (ADA) has protected the rights of people with disabilities, including people with substance use disorders (SUDs), from discrimination. Historically, however, the ADA has been an underutilized tool to protect individuals with addiction. In April 2022, the U.S. Department of Justice released guidance, titled “The Americans with Disabilities Act and the Opioid Crisis: Combating Discrimination Against People in Treatment or Recovery,” that clarifies the protection that the ADA affords to people with opioid use disorder who are in treatment or recovery. Presenters will review the guidance, as well as the guidance provided by the Equal Employment Opportunity Commission. Presenters will use this new information to describe the legal rights and remedies for people with SUDs who experience unlawful discrimination due to their disability. Presenters will then articulate opportunities for stakeholders, including local and state governmental leadership and advocates, to implement policies that would protect the rights of people with SUD and ensure compliance with the ADA.

Learning Objectives:

Identify the legal protections afforded to people with substance use disorder under the ADA
Outline the implications of the U.S. Department of Justice’s April 2022 guidance, “The Americans with Disabilities Act and the Opioid Crisis: Combating Discrimination Against People in Treatment or Recovery,” as well as the department’s recent enforcement actions
Discuss the limitations of the ADA as it protects people with substance use disorders, including those with current use of illicit drugs