Baltimore County overdose prevention team hears how ADA protects people with addiction and recovery medications

Elise Andrews, opioid strategy coordinator for Baltimore County and chair of the county’s Overdose Prevention Team, opened a special June webinar that featured Oshi Harrison of the New England ADA Center and Ann Damp of the Mid‑Atlantic ADA Center to explain how the Americans with Disabilities Act applies to alcohol and substance use disorders.

Harrison, interim director of the New England ADA Center, said addiction can meet the ADA’s definition of a disability ‘‘when a person meets the definition of disability under the ADA,’’ meaning a physical or mental impairment that substantially limits one or more major life activities such as working, sleeping, concentrating or brain functions. She told participants that ‘‘people with alcohol use disorder have ADA protections in recovery and while using alcohol. People with substance use disorders have ADA protections when in recovery and not engaging in the illegal use of drugs.’’

Why it matters: Local health and housing providers, employers and court personnel can run afoul of federal protections if they bar people from services or jobs because they take prescribed medications for opioid use disorder or rely on a history of successful recovery. The panelists emphasized that the ADA provides enforceable avenues—state civil rights agencies and the U.S. Equal Employment Opportunity Commission—for people who face discrimination.

Key protections and examples

Employment: Harrison reviewed three hiring stages and corresponding rules. During application and interview stages, disability‑related questions and medical exams are generally prohibited because they can reveal a disability. After a job offer but before starting, employers may request medical exams for the job category; on the job, inquiries must be job‑related and consistent with business necessity. Harrison illustrated the rules with a hiring story: a firefighter applicant who disclosed prescribed buprenorphine (Suboxone) was initially flagged in a medical exam but ultimately employed after asserting his ADA rights—"Forget we ever had this conversation," Harrison quoted the psychologist as later telling the applicant.

Medications and housing: The presenters said recovery residences and other providers that refuse admission because a person takes prescribed methadone or Suboxone risk violating Title III of the ADA and potentially the Fair Housing Act. Harrison recounted a Department of Justice finding involving a Colorado nonprofit, Ready to Work, that denied admission to an individual on prescribed medication; the settlement required staff training and included a $7,500 payment to the complainant.

Courts and corrections: Under Title II, state and local courts and correctional systems must not categorically bar people from programs or from taking lawfully prescribed medications. Harrison cited a January 2024 DOJ settlement with the Pennsylvania Unified Judicial System requiring court training, a complaint coordinator, and other remedies after courts conditioned participation on stopping medication.

Health care and emergency care: Harrison said nursing homes, rehab facilities and some treatment programs have in practice denied access to people on opioid‑use‑disorder medication; federal outreach in New England has prompted settlements and warning letters. She stressed that emergency medical providers cannot refuse care to someone who is using illegal drugs or intoxicated.

Q&A highlights: attendees asked about universal drug screening timing (Harrison reiterated that some drug testing is treated as a medical exam and is limited to post‑offer situations, while testing for illegal drugs can be treated differently depending on context), whether CDL drivers may be prescribed medication (presenters said transportation and Department of Transportation rules create tighter safety‑sensitive standards and require data to justify restrictions), and how employers should screen or credential peer recovery specialists (presenters recommended relying on job‑related criteria such as board certification requirements and documenting why specific time‑in‑recovery requirements are essential to a role).

Unresolved and evolving areas: Participants discussed recent federal changes and chatter about cannabis scheduling; presenters cautioned that state medical‑marijuana laws differ and that legal developments should be verified with current federal and state guidance before changing employer or program policies.

What comes next: Organizers said the presentation materials and slides would be shared, the ADA Centers remain available for follow‑up questions via the 800 hotline, and Baltimore County announced two upcoming gatherings: an informal July meeting on a Maryland Office of Overdose Response funding notice and an August panel of peer recovery specialists.

Quotes

"Addiction is a disability when a person meets the definition of disability under the ADA," said Oshi Harrison, interim director of the New England ADA Center.

"People with alcohol use disorder have ADA protections in recovery and while using alcohol. People with substance use disorders have ADA protections when in recovery and not engaging in the illegal use of drugs," Harrison said.

The meeting closed with reminders to use county and ADA Center resources and to contact Brandy Miller to join the Baltimore County Overdose Prevention Team.

Sources and attribution: Quotes and facts in this article are drawn from the June webinar presentation by Oshi Harrison and remarks by Ann Damp and Elise Andrews recorded in the meeting transcript.