News & Analysis as of September 20, 2024

Prescription Drugs

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

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

U.S. Equal Employment Opportunity Commission... on 9/29/2022

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

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

Fisher Phillips on 8/14/2020

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

EEOC's Opioid Guidance Works For All Legal Drugs*

Constangy, Brooks, Smith & Prophete, LLP on 8/14/2020

An easy-to-read guide that works for all employees using legal meds.* The Equal Employment Opportunity Commission recently issued new guidance documents on the rights of employees who are legally using opioids, and for their...more

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

McAfee & Taft on 11/13/2019

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

Peeking Into Your Employees' Medicine Cabinets

Steptoe & Johnson PLLC on 11/19/2018

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

EEOC Sues Appalachian Wood Products, Inc. For Disability Discrimination

U.S. Equal Employment Opportunity Commission... on 10/10/2018

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

Employers: Use caution when dealing with prescription drug users

McAfee & Taft on 8/21/2018

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

Oncor Sued for Disability Discrimination and Mandatory Medication Disclosure Policy

U.S. Equal Employment Opportunity Commission... on 7/13/2018

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

Steel Painters Sued by EEOC For Disability Discrimination

U.S. Equal Employment Opportunity Commission... on 7/2/2018

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

EEOC Scrutinizes Employer Policies Regarding Prescription Drug Use

Seyfarth Shaw LLP on 6/22/2018

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

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

U.S. Equal Employment Opportunity Commission... on 5/21/2018

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

Foothills Child Development Center Agrees to Settle EEOC Disability Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on 5/16/2018

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

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

U.S. Equal Employment Opportunity Commission... on 2/2/2018

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

Volvo Reaches $70k Settlement In Disability Discrimination Suit After Refusing To Hire Applicant On Suboxone

Fox Rothschild LLP on 2/1/2018

Volvo Group North America, LLC will pay $70,000 and institute a three-year consent decree to resolve a federal disability discrimination suit brought by the U.S. Equal Opportunity Employment Commission (EEOC). According to...more

Volvo Group North America To Pay $70,000 To Settle EEOC Disability Discrimination Suit

U.S. Equal Employment Opportunity Commission... on 1/22/2018

Car Manufacturer Refused to Hire Laborer Because He Was a Recovering Drug Addict in Medically Supervised Treatment Program, Federal Agency Charged - BALTIMORE - Volvo Group North America, LLC, will pay $70,000 and furnish...more

Scottsdale Car Dealership to Pay $45,000 To Settle Disability Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on 6/8/2017

Bell Lexus and The Berge Group Refused to Hire Woman Because of a Prescription Drug She Took for Her Disability, Federal Agency Charged - PHOENIX - Two Scottsdale, Ariz., companies will pay $45,000 and furnish other relief...more

UPCO Will Pay $106,000 For Disability Discrimination

U.S. Equal Employment Opportunity Commission... on 5/31/2017

Company's Improper Use of Pre-Employment Medical Exam Screened Out Qualified Employee, Federal Agency Charged - ST. LOUIS - A Claremore, Okla.-based manufacturer of sucker rods and accessories for the oil and gas...more

Don’t Lose Sleep Over It…Yet

Seyfarth Shaw LLP on 10/20/2016

Seyfarth Synopsis: Do employers have to let employees sleep on the job as a reasonable accommodation for a disability? While far from being decided, a recent federal case in the Southern District of New York addresses the...more

EEOC Sues Physicians Management Groups For Disability Discrimination

U.S. Equal Employment Opportunity Commission... on 9/29/2016

Doctor's Contract Terminated for Taking Prescribed Medications, Federal Agency Charged - ATLANTA - Two Atlanta physicians groups, Georgia Hospitalists Group, LLC and ApolloMD Business Services, LLC, violated federal law...more

EEOC Sues Owners of Happy Jack’s Casino For Disability Discrimination

U.S. Equal Employment Opportunity Commission... on 9/16/2016

Federal Agency Says Owners Rejected Applicant Because She Took Prescription Drugs For Her Medical Condition - SIOUX FALLS, S.D. - M.G. Oil Company, which operates Happy Jack's Casino in Sioux Falls, South Dakota,...more

EEOC Sues Randstad for Disability Discrimination

U.S. Equal Employment Opportunity Commission... on 11/4/2015

Temporary Agency Refused to Hire Laborer Because She Was a Recovering Drug Addict in Medically Supervised Treatment Program, Federal Agency Charges - BALTIMORE - Baltimore-based temporary labor agency Randstad, US, LP,...more

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