LAC Hails DOJ Findings that Tennessee Agencies Violated Federal Anti-Discrimination Law When Denying Individuals Bar Admission Based on Their SUD

The DOJ's letter of findings, issued December 17, 2024, asserts that the TBLE, as well as the Tennessee Lawyers Assistance Program, violated the Americans with Disabilities Act (ADA) by discriminating against two applicants for bar admission because of their SUD and because one of them takes a medication (Suboxone) to treat it. Both applicants had past arrest records that triggered investigations by the TBLE, during which the individuals explained that their arrests were related to SUDs for which they had since received treatment and that they had both been in recovery for several years now. Yet without any evidence that their SUDs or treatment medication in any way impaired either of their ability to practice law, the Tennessee agencies required both applicants to undergo years-long monitoring, including costly medical evaluations and treatment that they did not need, all at their own expense. Dangerously, one of the applicants was even forced to stop taking their Suboxone despite the strong protest of their prescribing physician.

The DOJ found these practices discriminatory because they were based on stereotypes and stigma about SUD - a legally recognized disability under the ADA - and the medications used to treat it. The DOJ also found that the Tennessee agencies violated the ADA by imposing unnecessary and burdensome restrictions and conditions on their ability to qualify for the bar, due to their disability.

Sally Friedman, LAC's Sr. Vice President of Legal Advocacy explains, "Unfortunately, this type of discrimination is prevalent across occupations. In fact, in 2022, the DOJ similarly found that the Indiana Nursing Board violated the ADA by prohibiting nurses who take medication to treat opioid use disorder from participating in the State's Nursing Assistance Program. With this latest settlement against the Tennessee Board of Law Examiners and the Tennessee Lawyers Assistance Program, all occupational licensing entities nationwide should consider themselves well-warned: conditioning professional licensure for people with substance use disorder on unnecessary medical evaluation, treatment, and monitoring, along with discontinuation of medications to treat their SUD, is illegal."

To learn more about LAC's work in this area, click here. You can also view our living list of cases involving SUD-based discrimination in various settings here.

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Media Contact:

Arianne Keegan
Director of Communications, Legal Action Center
communications@lac.org
(212) 243-1313

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