Working for Recovery: How the Americans With Disabilities Act and State Human Rights Laws Can Facilitate Successful Rehabilitation for Alcoholics and Drug Addicts

26 Pages Posted: 8 May 2018 Last revised: 12 Dec 2018

See all articles by Samuel Petsonk

Samuel Petsonk

Mountain State Justice

Anne Marie Lofaso

West Virginia University - College of Law

Date Written: April 22, 2018

Abstract

The Americans with Disabilities Act (ADA) and West Virginia Human Rights Act (WVHRA) protect addicts’ rights by providing that no covered employers may discriminate against addicted workers or job applicants because of their addiction. These laws recognize that recovering drug addicts, and society at large, are harmed by exclusion, discrimination, and unaccommodating workplace conditions. By better utilizing these laws to ensure access to gainful employment for recovering addicts, the labor and employment bar can make an important contribution to resolving the vexing opioid epidemic.

Suggested Citation

Petsonkn, Samuel and Lofaso, Anne Marie, Working for Recovery: How the Americans With Disabilities Act and State Human Rights Laws Can Facilitate Successful Rehabilitation for Alcoholics and Drug Addicts (April 22, 2018). West Virginia Law Review, Vol. 120, 2018, WVU College of Law Research Paper No. 2018-016, Available at SSRN: https://ssrn.com/abstract=3166746 or http://dx.doi.org/10.2139/ssrn.3166746

Samuel Petsonkn

Mountain State Justice ( email )

Anne Marie Lofaso (Contact Author)

West Virginia University - College of Law ( email )

PO Box 6130
101 Law Center Drive
Morgantown, WV 26506-6130
United States
304-293-7356 (Phone)
304-293-6891 (Fax)

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