Is Addiction a Disability?

Published: February 2026 | Last Updated: February 2026 | Reading Time: 8 min

Addiction and Disability Law

The question of whether addiction qualifies as a disability has significant implications for employment, housing, healthcare, and government benefits. The answer is nuanced: while addiction is recognized as a medical condition, legal protections depend on specific circumstances, the substance involved, and whether the individual is in active use or recovery.

The Americans with Disabilities Act (ADA)

What the ADA Covers

The ADA prohibits discrimination against individuals with disabilities in employment, public services, and public accommodations. Addiction is recognized as a disability under the ADA, but with important distinctions.

Protected Categories

• Individuals in recovery who are no longer actively using illegal drugs are protected from discrimination
• Individuals participating in or who have completed treatment programs are protected
• Individuals incorrectly perceived as having a substance use disorder are protected
• Individuals with alcohol use disorder receive broader protection, as the ADA does not exclude current alcohol use in the same way it excludes current illegal drug use

Limitations

• Current illegal drug use is explicitly excluded from ADA disability protection
• Employers may prohibit illegal drug use and hold employees to the same performance standards as others
• Safety-sensitive positions may have additional restrictions
• The ADA does not require employers to tolerate drug use in the workplace

Section 504 of the Rehabilitation Act

Section 504 applies to organizations receiving federal funding and provides similar protections to the ADA. It prohibits discrimination against individuals with disabilities, including those with substance use disorders who are in recovery or treatment.

The Family and Medical Leave Act (FMLA)

FMLA Protections for Addiction Treatment

FMLA provides eligible employees up to 12 weeks of unpaid, job-protected leave per year for serious health conditions, which includes substance use disorders. This means employees can take leave for addiction treatment — including inpatient rehab, intensive outpatient programs, and ongoing therapy — without losing their position.

Eligibility Requirements

To qualify for FMLA protection, employees must have worked for the employer for at least 12 months, have worked at least 1,250 hours in the previous 12 months, and work at a location where the employer has 50+ employees within 75 miles.

Social Security Disability Benefits

SSDI and SSI

The Social Security Administration can consider substance use disorders when evaluating disability claims, but with a critical limitation: if the SSA determines that substance use is a "contributing factor material to the determination of disability," benefits will be denied. This means addiction alone typically does not qualify for disability benefits, but if an individual has a co-occurring condition (such as liver disease, brain damage, or mental health disorder) that would be disabling even without substance use, they may qualify.

Fair Housing Act Protections

Housing Discrimination

The Fair Housing Act protects individuals in recovery from addiction from housing discrimination. Landlords cannot refuse to rent to individuals solely because they are in recovery or are participating in treatment programs, including medication-assisted treatment. This includes protection for residents of sober living homes and halfway houses.

Workplace Rights and Accommodations

Reasonable Accommodations

Employers must provide reasonable accommodations for employees in recovery, which may include modified work schedules for treatment appointments, leave for therapy or support group attendance, temporary job restructuring during early recovery, and referral to employee assistance programs.

Drug Testing Limitations

While employers can require drug testing, the ADA restricts how test results for prescribed medications (including MAT medications like buprenorphine) can be used. Individuals in medication-assisted treatment may have additional protections against adverse employment actions based solely on prescribed medication use.

FAQ

Can I be fired for going to rehab? Generally, no. FMLA protects eligible employees who seek addiction treatment. The ADA prohibits discrimination against individuals in recovery. However, employers can terminate employees for performance issues, policy violations, or illegal drug use in the workplace regardless of addiction status.

Does addiction qualify for Social Security disability? Addiction alone typically does not qualify. However, if addiction has caused disabling medical conditions (liver disease, brain damage, severe mental health disorders) that would persist even if substance use stopped, those conditions may qualify for disability benefits.

Can a landlord refuse to rent to me because I am in recovery? No. The Fair Housing Act protects individuals in recovery from housing discrimination. Landlords cannot refuse tenancy solely based on recovery status, treatment history, or participation in medication-assisted treatment.

Do I have to tell my employer about my addiction? You are not required to disclose your addiction diagnosis. However, to access protections under the ADA or FMLA, you may need to provide medical documentation of a serious health condition. This information is confidential and protected by law.

References

• U.S. Department of Justice. (2022). ADA and Opioid Use Disorder Fact Sheet.
• EEOC. (2023). The Americans with Disabilities Act and the Use of Drugs and Alcohol.
• U.S. Department of Labor. (2023). FMLA Fact Sheet: Mental Health Conditions.

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Written by the Valley Spring Recovery Center Editorial Team

Ready to take the first step toward recovery? Contact Valley Spring Recovery Center today at (201) 781-8812 or reach out to our admissions team for a confidential consultation.