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Americans with Disabilities Act (ADA) Prescription Drugs Employer Liability Issues

FordHarrison

A Continuing Discussion on the Opioid Epidemic in the Workplace – Part 3

FordHarrison on

Executive Summary: This is Part 3 of a series of Alerts exploring different facets of the ongoing opioid addiction crisis afflicting our country. Our initial Alert on June 12, 2023 outlined the big-picture issues associated...more

Jackson Lewis P.C.

Manufacturers Must Consider Employee Use of Prescription Medications on an Individualized Basis

Jackson Lewis P.C. on

Manufacturers that conduct workplace drug and alcohol testing must be careful when addressing drug test results and employee disclosures of prescription medication use, especially as drug use has surged across the country...more

Jackson Lewis P.C.

Request For Medical Examination Was Permissible Under ADA After Positive Drug Test Result

Jackson Lewis P.C. on

A federal court in Indiana dismissed an employee’s claim that his employer did not have the right to request a medical examination after he tested positive for drugs and subsequently admitted that he was taking numerous...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

Ballard Spahr LLP

EEOC Issues New Guidance on Opioid Use and the ADA

Ballard Spahr LLP on

The Equal Employment Opportunity Commission issued two sets of guidance last week, one to employees and one to health care providers, addressing various issues under the Americans with Disabilities Act relating to reasonable...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

Epstein Becker & Green

Employers Must Accommodate Some Workers’ Opioid Use and Treatment

Epstein Becker & Green on

While the country remains focused on the COVID-19 pandemic, U.S. employers cannot ignore the ongoing opioid epidemic or how it may affect their workforces. On August 5, 2020, the Equal Employment Opportunity Commission...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

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

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

Winstead PC

A Whole Employer Approach to the Opioid Epidemic

Winstead PC on

Addressing the opioid epidemic challenges employers due to the many overlapping laws and its many varied facets. One survey reported that 70% of employers have felt some impact from drug abuse, such as absenteeism, use of...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

Parker Poe Adams & Bernstein LLP

EEOC Sues Over Mandatory Medication Disclosure Policy

Employers naturally have concerns over employee use of prescription or over-the-counter medications that could affect safe or effective performance of job duties. However, the Americans with Disabilities Act restricts...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

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

U.S. Equal Employment Opportunity Commission...

Kentucky Fried Chicken Franchise to Pay $30,000 To Settle EEOC Disability Discrimination Suit

Restaurant Owner Fired Employee for Taking Prescribed Medications for Bipolar Disorder, Federal Agency Charged - ATLANTA - Hester Foods, Inc., the operator of a Kentucky Fried Chicken restaurant in Dublin, Ga., will pay...more

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