News & Analysis as of

Americans with Disabilities Act (ADA) Disability Discrimination Prescription Drugs

U.S. Equal Employment Opportunity Commission...

International Paper Co. to Pay $65,000 to Settle EEOC Disability Discrimination Suit

Paper Company Applicant Denied Job Because of ADHD Medication, Federal Agency Charged - DALLAS – Memphis-based International Paper Co. will pay $65,000 and furnish other relief to settle a disability discrimination lawsuit...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues the Princess Martha, Llc and TJM Properties, Inc. for Disability Discrimination

Senior Living Residence Revoked Applicant’s Job Offer After Her Legally-Prescribed Medications Prevented Her From Passing a Required Drug Test - St. Petersburg, Fla. – The Princess Martha, an upscale senior living...more

Sheppard Mullin Richter & Hampton LLP

EEOC Issues Guidance on Employee Opioid Use and the Americans With Disabilities Act

Amid the United States’ growing opioid crisis, the Equal Employment Opportunity Commission (“EEOC”) issued new guidance on employers’ obligations under the Americans with Disabilities Act (“ADA”) regarding job applicants or...more

Payne & Fears

The EEOC Releases Guidance on Legal Opioid Use and Reasonable Accommodations

Payne & Fears on

Earlier this month, the U.S. Equal Employment Opportunity Commission (EEOC) released two new documents addressing concerns about the employment provisions of the Americans with Disabilities Act (ADA) and opioid use. Employers...more

McAfee & Taft

EEOC issues guidance on opioids and the Americans with Disabilities Act

McAfee & Taft on

It is no secret that America is in the midst of an opioid addiction crisis. It has been for quite awhile. A recent study revealed that in 2018 there were 128 deaths from opioid overdose per day in United States. A startling...more

Poyner Spruill LLP

New EEOC Guidance on Opioid Addiction and Employment

Poyner Spruill LLP on

On August 5, 2020, the Equal Employment Opportunity Commission (EEOC) issued two new guidance documents addressing the opioid epidemic and its impact on the workplace. The first guidance, “Use of Codeine, Oxycodone, and Other...more

Rivkin Radler LLP

EEOC Addresses Employees’ Opioid Use in New Guidance

Rivkin Radler LLP on

The EEOC recently issued new guidance regarding employees who legally use, or have previously used, opioids. The guides provide important clarification for employees and healthcare providers regarding the interplay between...more

Hinshaw & Culbertson - Employment Law...

EEOC Issues Guidance on Opioid Use and Accommodation in the Workplace

The U.S. Equal Employment Opportunity Commission (EEOC) issued two technical assistance documents on opioid-related disability issues and reasonable accommodation. The first document (Guidance) employs a question and answer...more

Fisher Phillips

EEOC Issues New Workplace Guidance On Opioid Use And Reasonable Accommodation Considerations

Fisher Phillips on

The Equal Employment Opportunity Commission recently released two new technical assistance documents that address issues concerning the employment provisions of the Americans with Disabilities Act in relation to the use of...more

Proskauer - Law and the Workplace

EEOC Releases Guidance on Employee Opioid Use and the ADA

The Equal Employment Opportunity Commission (“EEOC”) has released new informal guidance directed at employees regarding use of opioids and employer obligations under the Americans with Disabilities Act (“ADA”). The EEOC also...more

Constangy, Brooks, Smith & Prophete, LLP

How To Ask Employees About Their Legal Meds Without Being Sued

A cautionary tale. In a decision issued this week, a federal judge in Greensboro, North Carolina, ruled that an employer's policy requiring employees to disclose their legal prescription medications may have violated the...more

McAfee & Taft

Claim that over-the-counter medication caused positive drug test doesn’t reverse termination

McAfee & Taft on

An Oklahoma refinery employee who was terminated after testing positive for amphetamines tried to get his job back by claiming that over-the-counter medication led to a false test result. He also argued the employer’s testing...more

Steptoe & Johnson PLLC

Peeking Into Your Employees' Medicine Cabinets

Steptoe & Johnson PLLC on

It’s natural that you do not want employees operating equipment or engaging in potentially hazardous work while they are under the influence of drugs or medications. While many employers with safety-sensitive jobs have a...more

Jackson Lewis P.C.

Police Officer’s Disclosure Of Adderall Prescription Insufficient To Support Disability Discrimination Claim

Jackson Lewis P.C. on

A police officer who disclosed his Adderall prescription to his supervisor was unable to state a claim for discrimination based on an actual or perceived disability under the Americans with Disabilities Act or Pennsylvania...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Appalachian Wood Products, Inc. For Disability Discrimination

Employer Made Unlawful Medical Inquiries and Refused to Hire Applicants Based on Disability, Federal Agency Charges - JOHNSTOWN, Pa. - Appalachian Wood Products, Inc., a Clearfield, Pa.-based major supplier of cabinet...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Loflin Fabrication for Improper Medical Inquiry Under the Americans With Disabilities Act

Office Manager Terminated for Failing to Disclose Medical Prescription, Federal Agency Charges - CHARLOTTE, N.C. - Loflin Fabrication LLC, a North Carolina limited liability company, violated federal law when it made an...more

McAfee & Taft

Employers: Use caution when dealing with prescription drug users

McAfee & Taft on

Employers often have policies that require applicants or employees to disclose the lawful use of prescription drugs that could impair job performance or potentially pose a safety concern. If you’re one of those employers, you...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

EEOC Continues to Focus on Disability Discrimination Affecting Individuals in Drug Rehab Programs

The Americans with Disabilities Act (ADA) recognizes that an employee or applicant who is currently engaging in the illegal use of drugs (prescription or otherwise) is not a “qualified individual” with a disability....more

U.S. Equal Employment Opportunity Commission...

Oncor Sued for Disability Discrimination and Mandatory Medication Disclosure Policy

Every Employee Required to Tell Boss of Every Medicine That 'Could' Affect Job, Federal Agency Charges - DALLAS - Dallas-based Oncor Electric Delivery Company, LLC violated federal law by terminating a data entry clerk...more

U.S. Equal Employment Opportunity Commission...

Steel Painters Sued by EEOC For Disability Discrimination

Painting Company Fired Worker Because It Regarded Him as Having a Disability Due to His Drug Treatment, Federal Agency Says - HOUSTON - Steel Painters, LLC, a Beaumont, Texas-based painting company, unlawfully fired a...more

K&L Gates LLP

Working Wise: Workplace Considerations Related to the Opioid Epidemic

K&L Gates LLP on

In this episode, Ryan Redekopp discusses some of the major workplace considerations related to the opioid epidemic, including potential signs that an employee might be suffering from addiction; considerations related to drug...more

Seyfarth Shaw LLP

EEOC Scrutinizes Employer Policies Regarding Prescription Drug Use

Seyfarth Shaw LLP on

The Equal Employment Opportunity Commission recently settled lawsuits with two employers it claims violated the Americans with Disabilities Act after rejecting a job applicant and terminating an employee based on their...more

U.S. Equal Employment Opportunity Commission...

M.G. Oil (Happy Jack’s Casino) to Pay $45,000 to Settle EEOC Disability Discrimination Case

South Dakota Company Failed to Hire Applicant Because of Prescribed Medication Taken to Treat Her Disability, Federal Agency Charged - SIOUX FALLS, S.D. - M.G. Oil Company, doing business as Happy Jack's Casino, has...more

U.S. Equal Employment Opportunity Commission...

Foothills Child Development Center Agrees to Settle EEOC Disability Discrimination Lawsuit

Company Fired Employee for Participation in Medication-Assisted Treatment for Drug Addiction, Federal Agency Charged - GREENVILLE, S.C. - Foothills Child Development Center, Inc., a South Carolina corporation that owns...more

Jackson Lewis P.C.

Employee’s Failure To Engage In Interactive Process To Address His Use Of Opioids Dooms His ADA Claims

Jackson Lewis P.C. on

An employee who refused to stop using morphine and would not engage in the interactive process with his employer could not survive summary judgment on his disability discrimination and retaliation claims under the Americans...more

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