Recovery and Discrimination in Employment: Know Your Rights
Recovery and Discrimination in Employment: Know Your Rights
I have a rather important job interview coming up on Friday and I have been struggling internally with whether or not I should disclose my alcoholism at the meeting. I have a couple of alcohol related arrests on my record (offenses which do not diminish my capacity to perform this specific job) and it would clearly make more sense to be able to explain them in the context of my addiction. Disclosing that I am in recovery would also go a long way in explaining my unemployment for the past seven months.
Now, of course, in the background is the fear that bias, stigma, and disdain of alcoholics would cause undue negative influence on the company's decision to hire me. I must find a way to balance this with the notion that "we are only as sick as our secrets" and that "rigorous honesty" is the only path forward in recovery. My natural inclination is to find ways to explain away my past so as to position myself in the best light (i.e. less than complete honesty). I realize this is my former, lying addict-self rearing its head.
So after placing the issue in my Higher Power's hands, I was enlightened with the answer. I WILL disclose that I am in recovery. Today, while browsing the internet I stumbled upon this PDF put out by the U.S. Department of Health and Human Services. It goes into detail about what is and is not permitted in hiring and employment practices as it pertains to alcoholics/addicts in recovery. It is a "must read" for anyone who has struggled with or is struggling with addiction:
http://lac.org/doc_library/lac/publi...20-%202007.pdf
Does anyone else have positive or negative experiences related to sharing your recovery status with a potential employer?
Now, of course, in the background is the fear that bias, stigma, and disdain of alcoholics would cause undue negative influence on the company's decision to hire me. I must find a way to balance this with the notion that "we are only as sick as our secrets" and that "rigorous honesty" is the only path forward in recovery. My natural inclination is to find ways to explain away my past so as to position myself in the best light (i.e. less than complete honesty). I realize this is my former, lying addict-self rearing its head.
So after placing the issue in my Higher Power's hands, I was enlightened with the answer. I WILL disclose that I am in recovery. Today, while browsing the internet I stumbled upon this PDF put out by the U.S. Department of Health and Human Services. It goes into detail about what is and is not permitted in hiring and employment practices as it pertains to alcoholics/addicts in recovery. It is a "must read" for anyone who has struggled with or is struggling with addiction:
http://lac.org/doc_library/lac/publi...20-%202007.pdf
Does anyone else have positive or negative experiences related to sharing your recovery status with a potential employer?
Honestly if your alcoholism and recovery are not pertinent to the position, why disclose unless you are asked? It would be no different to me than disclosing any physical or mental issue that I had in the past like surgery, physchologial treatments, etc..
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Join Date: Jun 2011
Location: The Deep South
Posts: 14,636
Thanks for the pdf link... it's interesting that private employers with LESS than 15 employees are exempt from this?? That's kind of scary. Most positions I'm looking at lately fall into that category. Food for thought anyway.
Disclosure also triggers the rights outlined in the attachment. Since discriminating against me for being in recovery is illegal, I could potentially have a claim if it turns out to be the reason I am not hired.
I wouldn't worry. I think the reason for the exemption is simply to encourage small businesses to grow larger by lowering their compliance costs. I'm a recruiter and most small firms are run by their owners who actually give a S about their employees. If someone is going to find a legal CYA to fire you they will find it regardless of anything in your past. In fact I would actually encourage anyone who's concerned about background checks to specifically target smaller firms in their search.
Guest
Join Date: Jun 2011
Location: The Deep South
Posts: 14,636
I wouldn't worry. I think the reason for the exemption is simply to encourage small businesses to grow larger by lowering their compliance costs. I'm a recruiter and most small firms are run by their owners who actually give a S about their employees. If someone is going to find a legal CYA to fire you they will find it regardless of anything in your past. In fact I would actually encourage anyone who's concerned about background checks to specifically target smaller firms in their search.
It's clearly a balancing act. I harbor no shame regarding my recovery. The thing is, I will have to explain my arrests. In a vacuum, they don't look good for a professional. In the context of my disease, they make perfect sense.
Disclosure also triggers the rights outlined in the attachment. Since discriminating against me for being in recovery is illegal, I could potentially have a claim if it turns out to be the reason I am not hired.
Disclosure also triggers the rights outlined in the attachment. Since discriminating against me for being in recovery is illegal, I could potentially have a claim if it turns out to be the reason I am not hired.
I can say that i'm in a position where i've participated in search committees and hired people many times over the years, and while discrimination is illegal it does still happen. And it's very easy to find other qualities to base the decision on without ever even touching the offensive material. It's not fair, but that's just the way it is sometimes.
I agree that discrimination can be technically illegal, but , for example, they don't need to tell you they are not hiring you because you are in recovery. They don't need to tell you anything. And, if they did tell you something, they could choose any reason in the book to tell you why they didn't hire you.
I would never disclose this information to an employer, co-worker or anyone else involved in my work life.
I would never disclose this information to an employer, co-worker or anyone else involved in my work life.
I have had a few big interviews over the past 6 months, and my "gap in employment" is a huge hurdle for me to explain. I often find myself stumbling and fumbling as I try to lie my way through it. And that doesn't do me any favors. I have hesitated to disclose the truth though. But knowing that we have rights is a big confidence builder.
Instead of saying: "I was traveling and spending time with family"
Wouldn't it be more impressive to say the TRUTH: "I battled a life-threatening addiction & disease, and through treatment and aggressive recovery methods, I have become dedicated to a healthy and sober lifestyle"!
Hell, I'd hire that guy in a second.
Member
Join Date: Oct 2011
Posts: 617
Hello! My reply comes from two points of view - as an employer and as a person that has a problem with alcohol.
I personally would not disclose a previous problem with alcohol unless you are really required to for the job. It is not your potential employers' business - if they aren't asking then I would not volunteer extra information. Not all employers are so opened-minded; any many have no experience with people in recovery etc... It is costly to hire a new employee and employers are risk-adverse now days - they have to be to survive.
I know from previous, personal experience that hiring employees with a previous drinking problem can be a disaster. Been there - done that! I would be very hesitant to do it again because we are a small company and we simply can't afford to take those kinds of risks. From an employer perspective it is wonderful to want to help and rehabilitate people but it can't be done at the potential demise of an entire business and all the other employees whose families depend on us. It is a really difficult position to be in. Because of my history I struggle with this thinking all the time.
Now, if you are applying for a job that requires driving or a background check - any legal problems involving alcohol will automatically be revealed so you will want to be upfront with the potential employer. Although, even if they want to hire you - their insurance company may not insure you if you have to drive for your job etc...
I haven't had time to read the pdf file yet I will later tonight. But, the law may say that you're protected from discrimination (at large companies) but that doesn't mean that you'll get hired. Discrimination is a hard thing to prove when it comes to hiring and firing.
It would be wise to be prepared to give specific reassurance to the potential employer. Be prepared to discuss your recovery plan in some detail if they ask (don't go on and on). Also, don't share how bad your addiction was or all the gory details. Don't tell them in detail what convinced you to enter recovery etc... Be matter of fact and 'short and sweet' - frame the entire situation in the best possible light.
If they are interested but hesitant - you may want to offer to work on a trial basis / probationary period at a slightly lower salary to prove yourself (usually 3 to 6 months is enough time for an employer to feel at ease). You could also offer to put in some extra training time - no salary required. This would show your interest and work-ethic.
I wish you much success in your job interview. It says a lot that you're giving so much thought and care to your entire situation I'm sure you'll make a great employee for the right company!
p.s. To those job hunting after being out of the market for a while - you may want to revise your resume from the standard "date" method. You can change it to a skills based resume that removes the focus from time and highlights your abilities and goals. I forget the exact name of the style but I would look if anyone is interested. It makes a very nice presentation!
I personally would not disclose a previous problem with alcohol unless you are really required to for the job. It is not your potential employers' business - if they aren't asking then I would not volunteer extra information. Not all employers are so opened-minded; any many have no experience with people in recovery etc... It is costly to hire a new employee and employers are risk-adverse now days - they have to be to survive.
I know from previous, personal experience that hiring employees with a previous drinking problem can be a disaster. Been there - done that! I would be very hesitant to do it again because we are a small company and we simply can't afford to take those kinds of risks. From an employer perspective it is wonderful to want to help and rehabilitate people but it can't be done at the potential demise of an entire business and all the other employees whose families depend on us. It is a really difficult position to be in. Because of my history I struggle with this thinking all the time.
Now, if you are applying for a job that requires driving or a background check - any legal problems involving alcohol will automatically be revealed so you will want to be upfront with the potential employer. Although, even if they want to hire you - their insurance company may not insure you if you have to drive for your job etc...
I haven't had time to read the pdf file yet I will later tonight. But, the law may say that you're protected from discrimination (at large companies) but that doesn't mean that you'll get hired. Discrimination is a hard thing to prove when it comes to hiring and firing.
It would be wise to be prepared to give specific reassurance to the potential employer. Be prepared to discuss your recovery plan in some detail if they ask (don't go on and on). Also, don't share how bad your addiction was or all the gory details. Don't tell them in detail what convinced you to enter recovery etc... Be matter of fact and 'short and sweet' - frame the entire situation in the best possible light.
If they are interested but hesitant - you may want to offer to work on a trial basis / probationary period at a slightly lower salary to prove yourself (usually 3 to 6 months is enough time for an employer to feel at ease). You could also offer to put in some extra training time - no salary required. This would show your interest and work-ethic.
I wish you much success in your job interview. It says a lot that you're giving so much thought and care to your entire situation I'm sure you'll make a great employee for the right company!
p.s. To those job hunting after being out of the market for a while - you may want to revise your resume from the standard "date" method. You can change it to a skills based resume that removes the focus from time and highlights your abilities and goals. I forget the exact name of the style but I would look if anyone is interested. It makes a very nice presentation!
Member
Join Date: Oct 2011
Posts: 617
Instead of saying: "I was traveling and spending time with family"
Wouldn't it be more impressive to say the TRUTH: "I battled a life-threatening addiction & disease, and through treatment and aggressive recovery methods, I have become dedicated to a healthy and sober lifestyle"!
Wouldn't it be more impressive to say the TRUTH: "I battled a life-threatening addiction & disease, and through treatment and aggressive recovery methods, I have become dedicated to a healthy and sober lifestyle"!
"I've been dealing with health and family issues but, everything is great now and I'm really looking forward to focusing on my career again."
p.s. To those job hunting after being out of the market for a while - you may want to revise your resume from the standard "date" method. You can change it to a skills based resume that removes the focus from time and highlights your abilities and goals. I forget the exact name of the style but I would look if anyone is interested. It makes a very nice presentation!
Member
Join Date: Oct 2011
Posts: 617
Hey that's an awesome idea, I would be interested for sho! I'm sure I could google a template, but if you have some info on hand I'd love to take a look. I've been out of the market for a year, and frequently get asked "what i was doing" and I have to stumble through some excuse/lie instead of telling the truth that I was in treatment and recovery. /sorry to hijack your thread charles!
You can just send me a private message, no worries I'm not sitting here rubbing my hands together anxiously and smoking cigarettes waiting for a reply. Take yer time, if ya have something great, if not, great! I think your first response was good enough to get me on the right track.
I agree that discrimination can be technically illegal, but , for example, they don't need to tell you they are not hiring you because you are in recovery. They don't need to tell you anything. And, if they did tell you something, they could choose any reason in the book to tell you why they didn't hire you.
I would never disclose this information to an employer, co-worker or anyone else involved in my work life.
I would never disclose this information to an employer, co-worker or anyone else involved in my work life.
Thank you everyone for your responses! Bigsombrero, you didn't hijack the thread. We all need some additional help in this job market and with our backgrounds. Even with the skills-based resume, an interview question or phone call to your previous employer will reveal your dates of employment so the question about what you were doing in the meantime will probably eventually come.
I think the diversity of responses here highlights my dilemma. No matter what, a background check will be completed showing a 5 year old DWI conviction as well as an arrest 6 months ago for disorderly conduct (that case is pending, but slated to be dismissed in a year upon completion of some requirements). Basically there are two options. 1) Avoid the subject, or 2) Preemptively mention that I am in recovery and my DWI conviction and recent arrest/pending case were issues related to my drinking. I am now committed to recovery and am putting that life behind me, excited to move forward in this new position.
My fear is that if I say nothing, the background check will come in and the job will go to the next applicant who now appears more qualified/less risky without having a chance to explain myself. I know for a fact that there are over 100 applicants for this job so I am lucky to be getting an in person interview. Earlier, ScottFromWI pointed out that he works on search committees and knows that discrimination takes place. So the question becomes, am I better off taking the bull by the horns and explaining myself or letting their imaginations run wild when they inevitably see my record?
I think the diversity of responses here highlights my dilemma. No matter what, a background check will be completed showing a 5 year old DWI conviction as well as an arrest 6 months ago for disorderly conduct (that case is pending, but slated to be dismissed in a year upon completion of some requirements). Basically there are two options. 1) Avoid the subject, or 2) Preemptively mention that I am in recovery and my DWI conviction and recent arrest/pending case were issues related to my drinking. I am now committed to recovery and am putting that life behind me, excited to move forward in this new position.
My fear is that if I say nothing, the background check will come in and the job will go to the next applicant who now appears more qualified/less risky without having a chance to explain myself. I know for a fact that there are over 100 applicants for this job so I am lucky to be getting an in person interview. Earlier, ScottFromWI pointed out that he works on search committees and knows that discrimination takes place. So the question becomes, am I better off taking the bull by the horns and explaining myself or letting their imaginations run wild when they inevitably see my record?
I'm kinda in the same position with some employment gaps- certainly its illegal for employers to use all sorts of things to discriminate but lets face it there is no way to prove anything in reality- 99 percent of applicants don't get hired for a particular position anyway.
I think I'm going to be pretty honest (easy to say on an internet forum lol) but I'm going to get the question about "what were you doing for xyz time period" and frankly I will either lie and look like a bum anyway or I can be a guy who is obviously honest (no one would make up a battle with addiction).
I do know many business owners and they aren't as uptight as people assume, half of them secretly wish they could quit drinking, they all know which employee's are hitting the bottle/pipe and which aren't and after a few rounds of hiring they know when people are lying or hiding things.
I was also thinking about how at some point if you are hired someone is going to know/find out about your history, I just don't want someone to wig out after a few months of me being there I guess I'd rather just not get hired in the first place but IDK.
I think I'm going to be pretty honest (easy to say on an internet forum lol) but I'm going to get the question about "what were you doing for xyz time period" and frankly I will either lie and look like a bum anyway or I can be a guy who is obviously honest (no one would make up a battle with addiction).
I do know many business owners and they aren't as uptight as people assume, half of them secretly wish they could quit drinking, they all know which employee's are hitting the bottle/pipe and which aren't and after a few rounds of hiring they know when people are lying or hiding things.
I was also thinking about how at some point if you are hired someone is going to know/find out about your history, I just don't want someone to wig out after a few months of me being there I guess I'd rather just not get hired in the first place but IDK.
Honestly, unless they job has something that a DUI would directly affect i'd just leave it be unless you are directly asked.
Perhaps the answer is to stop applying for jobs at large corporations or state/gov't offices? I wonder if, instead of worrying about whether we SHOULD or SHOULD NOT disclose our history - we should instead should turn those efforts into looking for work in new fields and new places? It might be best to put Corporate America in our rear view mirrors and change the way we view employment?
That said, you're rocking this interview - I know you'll do great, whatever you decide.
Perhaps the answer is to stop applying for jobs at large corporations or state/gov't offices? I wonder if, instead of worrying about whether we SHOULD or SHOULD NOT disclose our history - we should instead should turn those efforts into looking for work in new fields and new places? It might be best to put Corporate America in our rear view mirrors and change the way we view employment?
That said, you're rocking this interview - I know you'll do great, whatever you decide.
That said, you're rocking this interview - I know you'll do great, whatever you decide.
I totally get what you are saying though. My issue is that I have never been a strong networker and I burned a lot of bridges in the past. I will have to literally earn my way into a new job with my personality, experience, and interviewing skills. It's tough to find job openings for small companies - they just don't pop up on CareerBuilder or LinkedIn or whatever. You have to know somebody. Add in the things I need to explain away, and it seems like the deck is stacked.
Maybe we should join forces and start a business...
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