Understand the Law

It’s important for both employers and employees to understand laws, rights, and responsibilities related to substance use. Learn about the most important federal laws and Massachusetts state laws related to substance use and the workplace. For a full description of applicable federal, state and other laws, you can refer to Sections 5 & 6 of the Recovery Supportive Workplace Toolkit by clicking these links:

Employee Legal Protections and Responsibilities

Employer Legal Responsibilities

Summary Chart of Applicable Federal, State and Local Legal Responsibilities​

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  • Americans with Disabilities Act (ADA)

    The Americans with Disabilities Act (ADA) states that employers can’t discriminate against job candidates or employees who have certain disabilities or health conditions. ADA applies to employers with 15 or more employees. Massachusetts has a similar state law (Chapter 151B) that protects people with disabilities from employment discrimination, and this law applies to employers with 6 or more employees.

    What you need to know about ADA and substance use:

    Civil Rights Act

    Title VII of the Civil Rights Act states that employers can’t discriminate against qualified job candidates or employees because of their race, color, religion, sex, or national origin. It also protects against discrimination based on sexual orientation, gender identity, and pregnancy. The Civil Rights Act applies to employers with 15 or more employees.

     What you need to know about the Civil Rights Act and substance use:

     Family and Medical Leave Act (FMLA)

    The Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid, job-protected leave to employees who are recovering from an illness or injury or caring for a sick family member. FMLA applies to employers with 50 or more employees and to employees who have worked at least 1,250 hours in the past 12 months for the same employer.

     What you need to know about FMLA and substance use:

    Eligible employees can take up to 12 weeks of FMLA leave to:

     

    National Labor Relations Act (NLRA)

    The National Labor Relations Act (NLRA) gives employees the right to form or join unions and to push for better working conditions.

     What you need to know about NLRA and substance use:

     Occupational Safety and Health Act (OSHA)

    The Occupational Safety and Health Act (OSHA) says that all employees have the right to a healthy and safe work environment.

    What you need to know about OSHA and substance use:

    Substance use can lead to accidents in the workplace. Under OSHA, all employers with more than 10 employees have to keep records of work-related injuries and illnesses for at least 5 years.

  • Workers’ compensation

    All Massachusetts employers have to provide workers’ compensation insurance for their employees. Workers’ compensation covers lost wages and medical costs for employees who are injured on the job.

     What you need to know about Workers' Compensation

    Good Samaritan Law

    The Massachusetts Good Samaritan Law is designed to protect people who call 911 for an overdose from drug possession charges. The goal is to make it more likely that bystanders will call for help because they won’t be afraid of getting in trouble with the law.

    Paid Family and Medical Leave Act (PFML)

    Most Massachusetts employees can get paid leave under the Paid Family and Medical Leave (PFML) law. PFML is separate from the federal leave benefits offered through the Family and Medical Leave Act (FMLA).

    What you need to know about PFML and substance use:

    Employees who are eligible for PFML can take up to 26 weeks of paid leave to:

     Criminal Offender Record Information (CORI)

    Massachusetts law states that employers can’t discriminate against job candidates or employees based on certain information related to criminal records. 

     What you need to know about CORI and substance use:

    In general, Massachusetts employers can’t ask about, keep a record of, or base an employment decision on:

    • Arrests or prosecution that didn’t lead to a conviction

    • First convictions for certain offenses, including public intoxication and disturbing the peace

    • Misdemeanors that happened more than 5 years ago

    • Sealed court records

    • Juvenile criminal records

     In addition, employers can’t:

    • Ask for a copy of a job candidate or employee’s probation or arrest record

    • Discriminate against a job candidate or employee who refuses to provide the information above

     Learn more about CORI: