Americans with Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) states that employers can’t discriminate against job candidates or employees who have certain disabilities or health conditions. ADA applies to employers with 15 or more employees. Massachusetts has a similar state law (Chapter 151B) that protects people with disabilities from employment discrimination, and this law applies to employers with 6 or more employees.

What you need to know about ADA and substance use:

• Under ADA, employers can’t fire, decide not to hire, or decide not to promote someone because they’ve used substances in the past or because they’re enrolled in a treatment program for substance use.

• If an employee shares that they’re seeking help for substance use, ADA may require their employer to provide what’s called a “reasonable accommodation.” This might mean changing the employee’s job duties, giving them time off to attend recovery meetings, or other changes that allow them to get the treatment they need while continuing to work at the company.

• Read this summary of ADA and substance use from the Substance Abuse and Mental Health Services Administration (SAMHSA)

• Check out this presentation on ADA and substance use from the New England ADA Center

• Learn more about how Massachusetts state law protects people with disabilities from employment discrimination

Civil Rights Act

Title VII of the Civil Rights Act states that employers can’t discriminate against qualified job candidates or employees because of their race, color, religion, sex, or national origin. It also protects against discrimination based on sexual orientation, gender identity, and pregnancy. The Civil Rights Act applies to employers with 15 or more employees.

 What you need to know about the Civil Rights Act and substance use:

• If an employer has a drug testing program or other policies related to substance use, they have to enforce the rules fairly for all employees — and can’t single anyone out based on their race, color, religion, sex, or national origin.

• Learn more about the Civil Rights Act and substance use from SAMHSA.

 Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid, job-protected leave to employees who are recovering from an illness or injury or caring for a sick family member. FMLA applies to employers with 50 or more employees and to employees who have worked at least 1,250 hours in the past 12 months for the same employer.

 What you need to know about FMLA and substance use:

Eligible employees can take up to 12 weeks of FMLA leave to:

• Get treatment for substance use

• Recover from health problems related to substance use

• Care for a close family member who’s going through treatment for substance use or related health problems

• Employers can’t demote, fire, or decide not to promote employees because they choose to take FMLA leave.

• Learn more about FMLA:

• Read this summary of FMLA and substance use from SAMHSA

• Check out the Department of Labor’s guide to FMLA for employers and guide to FMLA for employees

National Labor Relations Act (NLRA)

The National Labor Relations Act (NLRA) gives employees the right to form or join unions and to push for better working conditions.

 What you need to know about NLRA and substance use:

• If an employer wants to start a drug-testing policy and their employees belong to a union, the employer needs to get the union to agree to the policy. For example, the employer and the union need to agree on details like how often drug testing will happen and what will happen to workers when tests show they’re using substances.

• Read this summary of NLRA substance use from SAMHSA

• Learn more about employees’ rights under NLRA

 Occupational Safety and Health Act (OSHA)

The Occupational Safety and Health Act (OSHA) says that all employees have the right to a healthy and safe work environment.

What you need to know about OSHA and substance use:

Substance use can lead to accidents in the workplace. Under OSHA, all employers with more than 10 employees have to keep records of work-related injuries and illnesses for at least 5 years.

• Learn more about recordkeeping and OSHA.  

Workers’ compensation

All Massachusetts employers have to provide workers’ compensation insurance for their employees. Workers’ compensation covers lost wages and medical costs for employees who are injured on the job.

 What you need to know about Workers' Compensation

• Explore workers’ compensation resources for employers

• If you’ve been hurt at work, find out if you can get workers’ compensation

Good Samaritan Law

The Massachusetts Good Samaritan Law is designed to protect people who call 911 for an overdose from drug possession charges. The goal is to make it more likely that bystanders will call for help because they won’t be afraid of getting in trouble with the law.

Paid Family and Medical Leave Act (PFML)

Most Massachusetts employees can get paid leave under the Paid Family and Medical Leave (PFML) law. PFML is separate from the federal leave benefits offered through the Family and Medical Leave Act (FMLA).

What you need to know about PFML and substance use:

Employees who are eligible for PFML can take up to 26 weeks of paid leave to:

• Get treatment for substance use

• Recover from health problems related to substance use

• Care for a close family member who’s going through treatment for substance use or related health problems

• Learn more about PFML:

  • Learn how PFML works and who’s eligible to take leave

  • Get details about employers’ responsibilities under PFML

 Criminal Offender Record Information (CORI)

Massachusetts law states that employers can’t discriminate against job candidates or employees based on certain information related to criminal records. 

 What you need to know about CORI and substance use:

In general, Massachusetts employers can’t ask about, keep a record of, or base an employment decision on:

• Arrests or prosecution that didn’t lead to a conviction

• First convictions for certain offenses, including public intoxication and disturbing the peace

• Misdemeanors that happened more than 5 years ago

• Sealed court records

• Juvenile criminal records

 In addition, employers can’t:

• Ask for a copy of a job candidate or employee’s probation or arrest record

• Discriminate against a job candidate or employee who refuses to provide the information above

 Learn more about CORI:

• Learn how Massachusetts protects employees from criminal record discrimination

• Check out this booklet to learn more about employees’ rights related to criminal records