Training Materials

 

“Know Your Rights” – Legal Rights of People with Alcohol and Drug Histories and Criminal Records

You can now learn about anti-discrimination laws that protect people in recovery and those with criminal records by taking one of the Legal Action Center’s free webinars at any time or consulting any of the written materials from the Center’s “Know Your Rights” training project. With funding from the Partners for Recovery Initiative of the U.S. Substance Abuse and Mental Health Services Administration (SAMHSA), the Legal Action Center has created a five-part webinar series that covers anti-discrimination laws protecting people in recovery. The webinars address discrimination in employment, housing, government activities and services, as well as special issues faced by people in Medication Assisted Treatment. One of the webinars also covers the federal mental health and addiction “parity” law, and another explains anti-discrimination laws protecting people with criminal records.

The Center also has conducted live “Know Your Rights” training program across the country on similar topics. Materials about federal and state laws and resources, as well as model PowerPoint presentations, are below.

■ Webinar Series
■ In-person Training
■ Individual State Anti-discrimination Laws

■ Webinar Series

Take the webinars and get all of the written resources that accompanied them -- Click Here for the Webinar Series Archive Page


■ In-person Training materials


The following user-friendly materials should enable advocates, providers and government agencies to conduct their own “Know Your Rights” trainings:

 

 

  • “Know Your Rights” – Legal Rights of People with Alcohol and Drug Histories and Criminal Records (PowerPoint presentation) - This presentation can be used by alcohol and drug treatment professionals and provider associations, government oversight agencies, recovery support providers and organizations, attorneys with an interest in these topics, and any other allies of people in recovery. It incorporates information on federal anti-discrimination laws and includes areas where state law can be inserted. For more detail, read the User’s Guide for PowerPoint Presentation, below.

     

  • User’s Guide for Presentation - “Know Your Rights” – Legal Rights of People with Alcohol and Drug Histories and Criminal Records - This User’s Guide explains how to use the PowerPoint presentation.

     

  • How to Exercise Your Rights Under Anti-Discrimination Laws - This is a hand-out to be distributed at the “Know Your Rights” trainings. It provides contact information for the government agencies one can turn to following a violation of the anti-discrimination laws covered by the presentation. It is a template, with local information to be inserted by agencies who are conducting the presentation.

     

  • Know Your Rights: Are You in Recovery from Alcohol or Drug Problems? - This brochure is a hand-out to be distributed at the “Know Your Rights” trainings. It describes federal laws prohibiting employment, housing, and other discrimination against people with alcohol and drug problems. It also explains what to do if your rights have been violated. Available in Spanish.

     

  • How to Gather Evidence of Rehabilitation (2006) - This is a hand-out to be distributed at those “Know Your Rights” presentations that cover the optional information in Part 6, “Legal Rights of People with Criminal Records.” It explains how job applicants with criminal records and/or alcohol and drug histories can get evidence of rehabilitation to help obtain employment,

     

  • Educating Courts and Other Government Agencies About Methadone - This is a hand-out to be distributed at the “Know Your Rights” presentations that cover the optional information in Part 5, “Medication Assisted Treatment: Special Issues.” It explains how individuals in methadone maintenance programs and other forms of Medication Assisted Treatment, as well as their treatment programs and advocates, can advocate for their rights in order to get in or stay in the treatment they need - without discrimination. The focus is on discrimination by the child welfare system and criminal justice system, including driving under the influence, jails, prisons, probation and parole.

     

  • “Know Your Rights Training” Manual - Explains how to conduct a “Know Your Rights” training in your own state. It includes a detailed course outline as well as a myriad of suggestions about how to stage a successful training. The Manual was written before the creation of the “Know Your Rights” PowerPoint Presentation. Presenters might prefer to use the PowerPoint instead of the training outline in the Manual.

     


■ State anti-discrimination laws


For information about the state anti-discrimination laws covered in “Know Your Rights” trainings already conducted - including any state laws prohibiting discrimination based on a criminal record - you can download the following training materials. NOTE, however, that the materials have not been updated in a few years. The law should be checked for updates before you rely on them.

 

 

Alaska

 

California

 

Colorado

 

Connecticut

 

Georgia

 

Illinois

 

Indiana

 

Kentucky

 

Maryland

 

Massachusetts

 

Minnesota

 

New Mexico

 

New York

 

North Carolina

 

Oregon

 

Pennsylvania

 

Texas

 

Vermont

 

HIV/AIDS:

■ Anti-Discrimination Laws Protecting Individuals with HIV/AIDS, Alcohol/Drug Problems, and Criminal Records
■ Client Advocacy: What to do When Your Client’s HIV Confidentiality or Testing Rights Have Been Violated
■ HIV as a Disabling Condition: Maximizing SSI / SSD
■ How to Create and Update Your Agency’s HIV Confidentiality Policies & Procedures and Ensure Staff Compliance
■ Legal Rights & Risks of Adolescents in the Age of AIDS
■ Medicare with Medicaid: Maximizing Health Coverage for Dual Eligibles Living with HIV
■ Strategies for Maximizing Access to Health Care for Persons Living with HIV

 

■ Anti-Discrimination Laws Protecting Individuals with HIV/AIDS, Alcohol/Drug Problems, and Criminal Records


  • Anti-Discrimination Laws Protecting Individuals with HIV/AIDS, Alcohol/Drug Problems, and Criminal Records (2012 PowerPoint presentation) -- Gives overview of the laws that prohibit discrimination against individuals with HIV/AIDS, alcohol/drug problems, and criminal records. Covers discrimination by employers, housing providers, and the government and explains how to get into Section 8 or public housing even with a criminal record.
    Related documents:  
  • Are you Somebody with HIV/AIDS? An Alcohol or Drug History? A Criminal Record? (Updated 2007) -- This booklet is for New Yorkers with HIV or AIDS, a drug or alcohol problem and/or a criminal record who want to know their rights to be free of discrimination. It explains: laws that forbid discrimination; limits on what employers, landlords, and others may ask; how to get a job or housing despite the stigma associated with HIV, addiction, and having a criminal record; and what to do when confronted with illegal discrimination. (Funded by the New York State Department of Health, AIDS Institute)

     

  • Educating Courts, Other Government Agencies and Employers About Methadone (2009) -- This publication explains how individuals in methadone maintenance programs and other forms of Medication Assisted Treatment, as well as their treatment programs and advocates, can advocate for their rights so that they can get in or stay in the treatment they need – without discrimination. The focus is on discrimination by the child welfare system and criminal justice system – including driving under the influence, jails and prisons, and probation and parole.

     

  • Helpful Resources to Address Discrimination Against People in Medication-Assisted Treatment (2009) -- List of useful resources for educating employers, courts and others about Medication Assisted Treatment, including why methadone and buprenorphine do not impair physical or mental functioning when provided to individuals stabilized on the appropriate dose.

     

  • How to Get Section 8 or Public Housing Even with a Criminal Record -- This manual tells people in New York City how they can get into Section 8 and public housing even if they or someone in their household has a criminal record or is in recovery from a drug problem. The manual is designed for applicants and their advocates. It contains the New York City Housing Authority admissions policies for people with criminal records and recent illegal drug use, and step-by-step suggestions for how people can gather the evidence of rehabilitation necessary to gain housing. It also includes sample letters of reference the type people really need to convince housing authorities of their rehabilitation. Though the manual focuses on New York City Housing Authority policies, its chapter on How Can You Win Your Hearing? can help people applying to other local housing authorities marshal their best evidence of rehabilitation.

     

  • Know Your Rights: Are You in Recovery from Alcohol or Drug Problems? (updated 2006) - This brochure describes federal laws prohibiting employment, housing, and other discrimination against people with alcohol and drug problems. It also explains what to do if your rights have been violated. Also available in Spanish. (Funded by Partners for Recovery, an initiative of the Center for Substance Abuse Treatment of the U.S. Department of Health and Human Services) To learn more about state anti-discrimination laws, read materials distributed at the Legal Action Center’s “Know Your Rights trainings” held in Alaska, California, Georgia, Illinois, Indiana, Maryland, Massachusetts, Minnesota, New York, Oregon, Pennsylvania and Texas.

     

  • Conozca Sus Derechos: ¿Está recuperándose de problemas con el alcohol o las drogas? (2006) - Este folleto da a las personas en tratamiento o recuperándose, tan bien como sus aliados, la información necesaria para luchar contra la discriminación. Le da un descripción de las leyes federales que prohíben la discriminación en el empleo, vivienda y otra discriminación contra las personas con problemas de alcohol y drogas.

     



 

■ Client Advocacy: What to do When Your Client’s HIV Confidentiality or Testing Rights Have Been Violated

Explains what how case managers, social workers, other advocates, and administrators can do when their clients’ HIV confidentiality or testing rights have been violated either by a third party or by their own agency.



 

■ HIV as a Disabling Condition: Maximizing SSI / SSD

This training provides case managers as well as follow-up staff and other interested community members with basic information about Social Security’s disability benefit program:

 

  • HIV as a Disabling Condition: Maximizing SSI / SSD - Training Manual (2008) - Contains basic descriptions of SSI and SSD programs and eligibility requirements, as well as an overview of how SSA determines disability. Also includes information about the application process, strategies for developing strong applications, appeal rights and time limits for denied applications.

 

■ How to Create and Update Your Agency’s HIV Confidentiality Policies & Procedures and Ensure Staff Compliance

This training will help your agency comply with New York State’s HIV confidentiality law, Public Health Law Article 27-F. It will provide you with the skills, strategies and resources needed to develop and update your organization’s HIV confidentiality policies and procedures and educate your staff to ensure compliance with the agency’s policies and the law.

 


 

■ Legal Rights & Risks of Adolescents in the Age of AIDS

This training provides human services providers an overview of the legal rights of adolescents living with, at risk for or affected by HIV. It covers who can make decisions about a minor’s health care for HIV, STDs, mental health, alcohol and drug treatment, and reproductive care as well as who has the right to decide whether to disclose a minor’s health information:

 


 

■ Medicare with Medicaid: Maximizing Health Coverage for Dual Eligibles Living with HIV

 

  • Medicare with Medicaid: Maximizing Health Coverage for Dual Eligibles Living with HIV (2009) – Training Manual. Provides a basic explanation of how these two programs fit together for individuals living with HIV that are eligible for both Medicaid and Medicare (dual eligibles), with special emphasis on the Medicare Part D drug benefit and how to best coordinate that coverage with other public health programs in New York State, like ADAP, EPIC and Medicaid.

 

■ Strategies for Maximizing Access to Health Care for Persons Living with HIV: Navigating the Maze of Eligibility Criteria in New York’s Public Health Care Programs

This training provides case managers as well as follow-up staff and other interested community members with information needed to assist clients in their understanding of, and access to, the health care programs in New York State that are key for people living with HIV/AIDS, including Medicaid, ADAP, Child Health Plus and Family Health Plus.: