Legal Question in Disability Law in California

Re: Medical Privilege Peer Review Panel after Admitted Addiction

From the brief information provided it appears that you may have federal law protection under the Rehabilitation Act as an "individual with a disability".

If you are employed by the federal government, protection will come under the Rehabilitation Act of 1973 (Rehab Act). If you are employed by a private entity, or state or local government legal protection will be under the Americans with Disabilities Act (ADA). Regardless of which law applies, the same legal principles regarding "illegal use of drugs" apply. See 42 U.S.C. 12210.

If you are currently engaging in the illegal use of drugs, or were using drugs or illegal substances at the time of the adverse employment action, then you DO NOT HAVE ANY RIGHTS AS AN "INDIVIDUAL WITH A DISABILITY".

However, if you successfully completed a supervised drug (or substance abuse) rehabilitation program or have rehabilitated successfully AND are no longer using drugs, then you have protection as an "individual with a disability".

The ADA and Rehab Act provide you with protection against adverse employment action BECAUSE you participated in a rehabilitation program or BECAUSE you are being erroneously regarded as using drugs, when you are no longer engaging in such use but have been successfully rehabilitated. It appears that you have been subjected to different treatment by your employer after you sought rehabilitation treatment and informed your employer that you have been rehabilitated from substance abuse. If that is the case, then the law protects you against such action.

The next question is to identify the "adverse employment action". Have you actually been denied a promotion, demoted, responsibilities taken away, suspended or terminated BECAUSE OF KNOWLEDGE THAT YOU WENT THROUGH A DRUG REHABILITATION PROGRAM? Those are examples of "adverse employment action".

Adverse employment action may be warranted if errors have been identified or performance problems existed as a result of the substance abuse.

If you are employed by the federal government, you should explore administrative remedies, which may be required to be exhausted before seeking other legal remedies. Talk to an EEO officer to find out how you can file a grievance and what procedures need to be followed. That should be your first avenue.

As you alluded, there appears to be a breach of confidentiality. The ADA and Rehab Act contain confidentiality provisions related to disability - that only those on a need-to-know basis are to have knowledge (such as direct supervisor, physician, safety personnel, etc.); unless such disclosure to others is "job-related and consistent with business necessity". See Prohibited Inquiries at 42 U.S.C. 12112(d)(4).