It takes a lot of courage to leave your previous habits and medical help to treat ones’ drug addiction. But the stigma that people carry in this society, you would want to keep it confidential or wish it won’t show up on a background check. When working in a high-profile industry or one that requires you to be responsible and aware, you may be wondering, does drug rehab show up on a background check? This article will go through your privacy rights, employment laws, and recommendations for who you might want to share your information with.

Does Drug Rehab Show Up On a Background Check?
Does Drug Rehab Show Up On a Background Check?

What is a Background Check And When Is It Done?

Background checks provide an opportunity for a criminal record, education, career history, credit history, and other activities of someone from their past to be checked and confirmed. This is a method by which a person or corporation verifies that the person claims to be.Background checks are done before an employer makes a reasonable, well-informed decision to recruit talented people. This process may help the employers maintain a safe working environment while also safeguarding company assets. It also helps the company from liability lawsuits and observes all federal, municipal, and state rules and regulations, so does drug rehab show up on a background check?

Is Employment Law Suitable for Rehabilitated Persons?

For someone who has finished rehabilitation, returning to work or finding a job is a significant milestone. The Americans with Disabilities Act or ADA, one of the most important statutes that protect your rights is the Rehabilitation Act. Qualified to be under the protection of the Americans with Disabilities Act (ADA) are the following individuals:

  • who have had successful rehabilitation and are no longer involved in illegal drug use
  • who are now enrolled in a drug recovery program and are no longer abusing drugs illegally
  • who is falsely accused of unlawfully consuming drugs

However, any employee or job applicant who is “currently participating” in the illicit use of drugs is not a “qualified individual with a handicap,” according to the ADA. If an employer acts based on an employee’s prohibited drug usage, this does not violate the Americans with Disabilities Act (ADA). You should consider implementing its regulations from consuming medicines illegally.

Whether the employee is a casual user or an addict, the ADA does not protect the employee.

Addicts with compulsive behaviors involving substances are protected from being dismissed under the ADA. Their jobs are protected to take a leave of absence to undergo rehabilitation and then return to work.

What are Legal Protections of Assistance to Me?

The Family and Medical Leave Act (FMLA) and Employee assistance program (EAP) can assist individuals who are struggling to go back to work. An employee assistance program (EAP), which your employer mostly offers, can aid you in locating and attending short-term therapy.

In the Family and Medical Leave Act (FMLA), one of the listed reasons to take a break from work briefly is substance abuse treatment for you to focus on your recovery. Your family members who are willing to assist you while you are in treatment may not face legal action from your employer as a result of this. People who struggle with addiction can take a leave of absence to undergo rehabilitation before returning to work since this is a chronic illness that necessitates treatment. Does drug rehab show up on a background check? You must report your condition, but you are not required to divulge information concerning your previous substance usage and subsequent addiction treatment. Employers cannot lawfully discriminate against you because of previous conduct or chronic conditions.

Is Employment Law Suitable for Rehabilitated Persons?
Is Employment Law Suitable for Rehabilitated Persons?

Does drug rehab show up on a background check? Your privacy rights.

Does drug rehab show up on a background check? The answer is no. You are in control of who you want to share your information about your decision to seek treatment. There is no need for the public to know that you’ve been rehabilitated. Health Insurance Portability and Accountability Act (HIPAA) protects you from self-disclosure of your medical records.

People are discouraged from seeking treatment due to the stigma associated with substance misuse and the fear of prosecution. They passed legislation granting patients the right to confidentiality. Since the Federal confidentiality standards are established about three decades ago, confidentiality has been a cornerstone practice for substance misuse treatment programs all over the country. These restrictions are known as Health Insurance Portability and Accountability Act (HIPAA) laws or the HIPAA Privacy Rule.

The sole purpose of the Health Insurance Portability and Accountability Act’s (HIPAA) Privacy Rule is to establish national standards to secure people’s medical records and other personal health information. It applies to health plans, clearing houses, and health care providers who conduct certain health care transactions electronically, such as rehabs.

Exceptions to the Rules of Privacy and Confidentiality

Several federal regulations were put in place to preserve your privacy and confidentiality while undergoing addiction treatment. However, there are specific circumstances in which your records may be disclosed without your permission.

Included in the exceptions to the rules of privacy and confidentiality are:

  • Healthcare professionals– Your information will be shared with the healthcare specialists who are working on your case. Although you can request that certain people, groups, or companies be excluded, this request is not required to be honored.
  • Law Enforcement Investigations– In the course of a criminal investigation, law enforcement officials may have access to your medical records.
  • Court Orders– If you find yourself in court, your medical records may be subpoenaed. A judge may also demand documentation of treatment, particularly if you committed to going to rehab rather than going to jail.
  • Insurance Purposes– Your therapy will be documented for insurance purposes and will most likely be reviewed to determine coverage if you pay for rehab with insurance. Only the insurance firm personnel will look through it, and they will not disclose your information with your employer.

The repercussions of not seeking treatment for your addiction could be significantly more serious than if you attended rehab. You could lose your employment, get charged with a drug or alcohol-related felony, suffer major health consequences, or even die as a result of your substance abuse.

Conclusion

Does drug rehab show up on a background check? There’s a clear answer of “no” to that. An employer will not ask whether a candidate is a drug addict or alcoholic or whether he or she has ever been to rehab. But there may be a possibility that an employer may inquire whether an applicant consumes alcoholic beverages or is currently abusing illegal drugs.

This post is written so that you know your rights and can rest certain that your privacy and confidentiality are safeguarded and that you are in charge of who you want to disclose it to.

Similar Posts

Leave a Reply

Your email address will not be published.