Discussion 1: Anti-Discrimination Law And Laws Protecting In

Discussion 1 Anti Discrimination Law And Laws Protecting Individuals

There are very specific laws and advocacy efforts to protect individuals with addictions. Only in the past thirty years have people with addictions had legal protection from discrimination (Lawinfo, 2009). Anti-discrimination laws exist to provide people struggling with addiction the opportunity to receive treatment without suffering punitive actions. These include: · Affordable Care Act · American with Disabilitites Act · Children’s Health Act · Garrett Lee Smith Memorial Act · Mental Health Parity and Addiction Equity Act · Sober Truth on Preventing (STOP) Underage Drinking Act · Trial Law and Order Act (TLOA) For this Discussion, research the federal Mental Health Parity and Addiction Equity Act and one other act listed above in the Walden Library and reputable Internet sources.

Consider how you might respond to the scenario provided utilizing the two acts. Scenario Imagine being at work, when suddenly, a colleague walks in visibly intoxicated. She is being loud, slurring her words, and bumping into people. Realizing that she is disturbing her co-workers, the intoxicated employee walks into the human resources department and tells them she is addicted to alcohol and needs treatment. Provide a discussion Post which contains the following Topics, Content, and Headings:

A brief description of the federal Mental Health Parity, Addiction Equity Act and Addiction Equity Act and American with Disabilities Act

The Mental Health Parity and Addiction Equity Act (MHPAEA) of 2008 was enacted to ensure parity between mental health/substance use disorder (SUD) benefits and medical/surgical benefits offered by health insurance plans (U.S. Department of Labor, 2020). Its primary goal is to prevent insurance providers from imposing stricter limits on mental health and addiction treatment coverage compared to medical or surgical coverage. The Americans with Disabilities Act (ADA), enacted in 1990, prohibits discrimination against individuals with disabilities in all areas of public life, including employment, transportation, and public accommodations (U.S. Equal Employment Opportunity Commission, 2023). The ADA recognizes addiction as a disability if the individual is undergoing treatment or their condition substantially limits major life activities. The Children’s Health Act of 2000 expands the protections under the Mental Health Parity and Addiction Equity Act, particularly focusing on children’s health services (U.S. Department of Health and Human Services, 2020). The Garrett Lee Smith Memorial Act provides funding for youth mental health and substance use disorder initiatives. The Sober Truth on Preventing Underage Drinking Act (STOP Act) aims to reduce underage drinking through education and enforcement (FDA, 2019). The Trial Law and Order Act (TLOA) enhances federal penalties related to alcohol and drug violations (U.S. Department of Justice, 2018).

Response to the Scenario Utilizing the Two Acts

In the scenario where an employee admits to alcohol addiction and seeks treatment, understanding how the Mental Health Parity and Addiction Equity Act (MHPAEA) and the ADA inform employer responses is crucial. Under MHPAEA, the employee's treatment for addiction would be protected by health insurance coverage that cannot impose more restrictive limits than those applied to physical health conditions (U.S. Department of Labor, 2020). This means the employee's health benefits could cover detoxification, counseling, and rehabilitation programs without financial discrimination. The ADA offers additional protection, recognizing addiction as a qualifying disability if the employee is undergoing treatment or its effects substantially limit major life activities (EEOC, 2023). As such, the employer must reasonably accommodate the employee’s need for treatment, including time off or adjustments at work, provided these do not impose undue hardship. Additionally, the employee's disclosure should invoke confidentiality under the ADA, ensuring their privacy is maintained while receiving support.

Employee Rights in this Situation

The employee has the right to confidentiality regarding their addiction and treatment needs, protected under both HIPAA and the ADA. They are entitled to reasonable accommodations at work, such as modified work hours or leave for treatment, without fear of discrimination or retaliation. Moreover, the employee cannot be unfairly disciplined solely based on disclosure of their addiction, especially if they seek help and are actively engaged in treatment (Lambert, 2011). They also have the right to access health benefits that cover addiction treatment adequately, owing to the protections provided by MHPAEA.

Protection of the Employee Who Violates the Company Policy on Drunkenness

These laws serve to protect employees from discrimination even if their conduct, such as intoxication at work, violates company policies. Under the ADA, an employer must consider whether the employee’s behavior is related to their disability—in this case, substance addiction—and whether reasonable accommodations can mitigate the behavior. The laws do not permit firing or disciplinary action solely based on addiction status if the employee is actively seeking treatment (Robinson, 2017). They emphasize rehabilitation over punishment, recognizing addiction as a medical condition requiring support rather than termination. Consequently, such laws foster an environment that encourages employees to seek treatment without fear of losing their jobs, which ultimately benefits both the individual and the organization (Lambert, 20111).

Importance of These Laws

Legal protections for individuals with addiction are essential for promoting health equity, reducing stigma, and supporting recovery. They enable individuals to access necessary treatment without fear of discrimination, which can otherwise deter seeking help (Robinson, 2017). Moreover, these laws uphold the principles of fairness and privacy, ensuring that personal health information remains confidential and that employees are protected from unfair dismissal. Importantly, they also encourage workplaces to adopt supportive policies that accommodate employees with addiction issues, thereby fostering a healthier, more inclusive work environment. Overall, these laws serve as crucial tools in the fight against addiction stigma and in promoting public health initiatives aimed at recovery and reintegration into society (Lambert, 2011).

References

• Department of Labor. (2020). Mental Health Parity and Addiction Equity Act (MHPAEA). https://www.dol.gov/agencies/ebsa/about-ebsa/our-activities/resource-center/fact-sheets/mental-health-parity
• U.S. Equal Employment Opportunity Commission. (2023). Americans with Disabilities Act (ADA). https://www.eeoc.gov/statutes/americans-disabilities-act-1990
• U.S. Department of Health and Human Services. (2020). Children’s Health Act and mental health programs. https://www.hhs.gov
• Food and Drug Administration (FDA). (2019). The STOP Act: Addressing underage drinking. https://www.fda.gov
• U.S. Department of Justice. (2018). Trial Law and Order Act (TLOA). https://www.justice.gov/usao
• Lambert, S. (2011). Legal protections for employees with addiction. Journal of Substance Abuse Treatment, 40(1), 15-20.
• Robinson, J. (2017). Workplace rights of employees with substance use disorders. American Journal of Industrial Medicine, 60(4), 321-328.