NCJ Number
62543
Date Published
1979
Length
19 pages
Annotation
RECENT DEVELOPMENTS IN THE LAW AND ITS INTERPRETATION PROHIBITING DISCRIMINATION AGAINST FORMER ADDICTS ARE DISCUSSED.
Abstract
THE FORMER ADDICT OFTEN FACES BARRIERS IN OBTAINING HOUSING, EMPLOYMENT, THE LICENSURE OR BONDING REQUIRED TO PURSUE CERTAIN OCCUPATIONS, INSURANCE, FINANCIAL CREDIT, AND ASSISTANCE FROM SOCIAL BENEFIT PROGRAMS. THESE BARRIERS ARE CAUSED BY DISCRIMINATION PRACTICED BY GOVERNMENTAL AND PRIVATE AGENCIES, PROGRAMS, AND EMPLOYERS, BUT RECENT LEGAL DEVELOPMENTS PROVIDE NEW TOOLS FOR OVERCOMING THEM. LAWYERS HAVE SUCCESSFULLY USED SEVERAL LEGAL CONCEPTS TO ARGUE THAT EMPLOYMENT DISCRIMINATION AGAINST EX-ADDICTS IS ILLEGAL. THESE INCLUDE (1) THE APPLICATION OF THE EQUAL PROTECTION AND DUE PROCESS REQUIREMENTS OF THE CONSTITUTION WHICH HAVE BEEN INTERPRETED TO PROHIBIT THE DENIAL TO A CITIZEN OF THE OPPORTUNITY TO EARN A LIVING UNLESS IT CAN BE SHOWN THAT HE OR SHE IS NOT QUALIFIED TO PERFORM THE JOB; (2) THE REHABILITATION ACT OF 1973, WHICH PROHIBITS DISCRIMINATION AGAINST 'HANDICAPPED PERSONS' BY PRIVATE EMPLOYERS WHO CONTRACT WITH THE FEDERAL GOVERNMENT OR RECEIVE FEDERAL AID; (3) THE CIVIL RIGHTS ACT OF 1964, WHICH CAN BE USED TO APPLY TO EX-ADDICTS BECAUSE OF THE HIGH PERCENTAGE OF BLACKS AND HISPANICS IN THE POPULATION OF EX-ADDICTS; AND (4) STATE LAWS WHICH PROHIBIT DISCRIMINATION AGAINST 'HANDICAPPED' OR 'DISABLED' PERSONS IN A VARIETY OF CONTEXTS. THERE ARE ALSO GROUNDS FOR LEGAL ACTION AGAINST EX-ADDICTS IN THE AREAS OF INSURANCE, HOUSING, EDUCATION, CREDIT, AND VARIOUS GOVERNMENT BENEFITS. A STRATEGY TO ATTACK DISCRIMINATION AGAINST EX-ADDICTS SHOULD ALSO INCLUDE THE LEGAL EDUCATION OF DRUG TREATMENT PERSONNEL. DISCRIMINATION IN EMPLOYMENT MAY BE CURBED BY RESTRICTING THE INFORMATION ABOUT DRUG ABUSE AND CRIMINAL HISTORY TO WHICH AN EMPLOYER OR LICENSING AGENCY HAS ACCESS. NOTES ARE PROVIDED. (RCB)