News & Analysis as of

Americans with Disabilities Act (ADA) Prescription Drugs Employment Policies

McGlinchey Stafford

CBD & The Workplace, A Word to The Wise

McGlinchey Stafford on

Federally legal CBD products may, under some circumstances, cause consumers to fail drug tests. An employer’s right to terminate employee-consumers on that basis is not prohibited by federal law, including the Americans with...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

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

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

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

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