LAW
EEOC ISSUES GUIDANCE REGARDING ACCOMMODATING OPIOID-RELATED DISABILITIES By Christopher T. Vrountas, Esq. and Allison C. Ayer, Esquire, Vrountas, Ayer & Chandler, P.C.
O pioid use has been on the
rise in recent years. Many people became addicted after doctors prescribed opioid medications like oxycodone for pain control after a surgery or for a chronic injury. But because of their addictive nature, people began abusing these drugs, in many cases substituting illegal heroin (also an opioid) in their place. The problem eventually impacted the workplace, and employers were faced with the challenge of dealing with employees who were using or addicted to opioids. Recognizing this problem, the U.S. Equal Employment Opportunity Commission just recently issued new technical assistance concerning opioid use in the workplace. Generally,
these documents explain how the Americans with Disabilities Act (“ADA”) applies to opioid use or abuse. One document, found here, is targeted at health care providers. The other, found here, is a Q&A directed to employees. While neither document is legally binding, they offer important practical advice for employers to deal with employees who may have a problem with opioids. Here are some of the highlights:
without a prescription), and also does not allow an employee to show up to work under the influence. BUT, the ADA does protect employees who are legally using opioids, or face opioid addiction, from being discriminated against on the basis of a drug-related disability and these employees may have a right to reasonable accommodation to allow them to keep a job.
Illegal Drug Use or Showing up to Work High Not Allowed.
Reasonable Accommodations for Opioid Treatment, Addiction, and Conditions Related to Addiction.
New EEOC publications clarify that the ADA does not does not protect against the current illegal use of drugs (heroin or opioid medications
There are a variety of circumstances where the use of opioids may trigger an employer’s duty to accommodate under the ADA.
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