Washington Substance Use Disorder Discrimination Poster
The Substance Use Disorder Discrimination Poster is a labor law posters poster by the Washington Department Of Labor & Industries. This is an optional poster, so while it is recommended that you post this if it is relevant to your employees, you are not required to by the Department Of Labor & Industries.
This poster summarizes the Washington Law Against Discrimination (“WLAD”), which prohibits discrimination against individuals taking certain medications to treat substance use disorder. Such individuals cannot be discriminated against or excluded from accessing healthcare, housing, employment, or other services.
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Substance Use Disorder is a Disability Excluding Individuals who take Medications for Opioid Use Disorder from Healthcare, Housing, Employment, or Other Services May Be Discriminatory Discrimination against people with disabilities is unlawful. Substance use disorder is a condition that results in impairment in daily life.* Accordingly, under the Washington Law Against Discrimination (“WLAD”), RCW 49.60.040(7) , the definition of “disability” covers substance use disorder. FDA-approved medications, taken under the supervision of a licensed medical provider, such as buprenorphine, methadone, and naltrexone can be used as effective treatment for opioid use disorder. Refusing or limiting a person from accessing programs, jobs, housing, or services (“protected activities”) because they take prescribed medications for opioid use disorder could violate the WLAD. Similarly, requiring individuals to stop taking or to change their medication for opioid use disorder, as a condition of participating in protected activities that they are otherwise eligible for may be discriminatory. Reasonable Accommodations May Be Required for Individuals taking Medications for Opioid Use Disorder When businesses, employers, housing providers, and any other individuals or entities required to comply with the WLAD have notice that an individual takes medication for opioid use disorder, they may be required to provide reasonable accommodations. For example: • A drug-free housing provider may be required to allow a tenant to possess and use prescribed medication for opioid use disorder so the housing is accessible for the tenant. • Employers with zero-tolerance drug policies may need to provide accommodations if a drug test detects an employee’s prescribed medication for opioid use disorder. Who Must Comply with Anti-Discrimination Laws? • Businesses that are open to the public, including healthcare providers • Employers with 8 or more employees • Most housing providers • Public agencies, including court systems • Local governments, including their zoning and land use policies • Other programs and services involving protected activities Where Can I Get More Information? For more information about: • Civil rights and responsibilities in Washington, refer to the Civil Rights Resource Guide: https://www.atg.wa.gov/wing-luke-civil-rights-division • Federal civil rights protections, visit https://www.hhs.gov/OCR/opioids How Do I Report a Violation? To make a complaint about discrimination, contact: • The Washington State Human Rights Commission - Toll Free: 1-800-233-3247, TTY: 1-800-300-7525, or visit www.hum.wa.gov/discrimination-complaint To make a complaint about access to medical care, including residential treatment and long-term care facilities, contact: • The Attorney General’s Office Consumer Protection Division - Toll Free: 1-800-551-4636, or visit: https://www.atg.wa.gov/file-complaint This informational flyer is provided as a resource for general education and is not provided for the purpose of giving legal advice of any kind. *Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition Is Illegal Drug Use Protected? No. Disability laws protect individuals in recovery, including those taking medications for opioid use disorder, but current illegal drug use is not considered a disability under Washington law. KNOW YOUR RIGHTS & RESPONSIBILITIES Medications for Opioid Use Disorder
Other Washington Labor Law Posters
4 PDFS
There are an additional five optional and mandatory Washington labor law posters that may be relevant to your business. Be sure to also print all relevant state labor law posters, as well as all mandatory federal labor law posters.
View all 6 Washington labor law posters
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- Original poster PDF https://www.hum.wa.gov/sites/default/files/public/publications/KnowYourRights-Opioid-Tx_POSTER_english.pdf
, updated June 2023 - Washington Labor Law Posters at http://www.lni.wa.gov/FormPub/results.asp?Section=8&SubSection=0&Show=0&Sort=0&DocType=0
- Washington Department Of Labor & Industries
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